Research On Infringement Relief Of Privacy Rights From The Perspective Of Big Data

From the perspective of big data,the digital information generated by human society has exploded.The importance of big data as an information carrier is self-evident,opening a new chapter in the history of human innovation.The application of big data technology plays an important role in the operation and implementation of various industries such as government management,enterprise management,communication and social networking,and financial transactions,marking that human beings have entered the era of intelligence and digitization.Big data and artificial intelligence are distributed in every corner of our lives,and the convenience they bring is unprecedented.Especially in the period of the new crown epidemic,we have witnessed the huge function of big data in epidemic prevention,and the value of big data is very important."If you want to think about its benefits,you must think about its harm".From the perspective of big data,while enjoying the information dividend it brings to us,we must also pay attention to the negative impact of big data,that is,the protection of citizens’ privacy rights and the data security issues.How to deal with the protection of citizens’ privacy from the perspective of big data,and to study in depth the specific measures for the remedies of privacy infringement,is the key point of this article.Combining the era background of big data,this paper uses legal interpretation,academic interpretation and case analysis to explain the new changes in the connotation of privacy rights and the specific manifestations of privacy infringement in each process of big data,and draws on foreign privacy infringement relief models.On this basis,it sorts out the judgment and relief dilemma of privacy infringement in my country’s judicial practice,and constructs perfect measures for privacy infringement relief from the perspective of my country’s big data.This paper consists of five chapters.The first chapter mainly divides the privacy infringement in the big data perspective.By dividing the big data process into three different stages,they are the acquisition stage,the storage stage and the analysis stage.It also elaborates on the possible infringements at each stage,which lays the foundation for the discussion of the following content.The second chapter is a re-examination of the right to privacy from the perspective of big data,analyzes the expansion of the connotation and extension of the right to privacy in the context of big data,and introduces the characteristics of the right to privacy in the big data environment in detail.At the same time,it discusses the relationship between privacy and personal information,and clarifies the overlap and distinction between privacy and personal information.The third chapter mainly discusses the legislative investigation on the remedies of privacy infringement in foreign countries.By comparing the legislative models and judicial practices of the United States,the European Union and Germany,it draws some experience and inspirations that are worthy of reference for the research on remedies for the infringement of privacy rights in my country.The fourth chapter is from the perspective of case analysis in judicial practice,from four aspects: the judgment standard of privacy,the application of the tort liability principle,the identification of causality,and the application standard of the mental damage compensation rules,and summarizes the big data perspective.The judicial relief dilemma of privacy infringement relief in the domain of privacy rights infringement relief,and then prepares for the improvement of privacy infringement relief.The fifth chapter,on the basis of the above discussion,constructs the perfect suggestion for the remedy of privacy infringement in the perspective of big data.From the perspective of clarifying the definition standard of privacy,the application of the type of attribution principle,the reasonable construction of the proof standard of the causal relationship theory,and the improvement of the compensation rules for mental damage,the right to privacy infringement relief rules are improved,in order to protect the privacy rights of citizens,to ensure the security of big data.