Research On The Legal Regulation Of Speculative Information In The Era Of Big Data

In the era of big data personal information are relevant to privacy,the core of right protection and legal regulation on personal information is how to understand personal information/data.Existing theories and practices at home and abroad on personal information focus identifiable personal information,which divides personal information into identifiable and unidentifiable personal information,thus the key to protect personal information and privacy is anonymization.Those seemly insignificant information like meta data are not personal information.Apparently,this theory cannot hold running water and is inconsistent with the reality of information protection.Because,those insignificant information can be used to infer sensitive information via big data and algorithms,which makes anonymization impossible.So,from the source of information and the way it is produced,personal information include collected and inferred information which can be used to infer directly or indirectly personal information by collecting data.Inferred information exist widely in various theories and practices and has rich connotations.It is necessary to face up to this problem,especially in the field of legal protection on personal information in the age of big data.As a new legal object,inferred information has distinct interests of personality,property and social public and controversy attributes of right.Existing theories about the right to personal information and the right to privacy imply that the right to inferred information belongs to the right to personal information,the right to privacy or intellectual property.However those theories cannot explain welly inferred information problems in practice.The legal protection in foreign countries takes the right to privacy and personal information as the theoretical source;American and EU legal regulation are representative,the former adopts industry decentralization legislation,the latter uses GDPR as centralized legislation.Both of them fail to deal with practical problems of inferred information.American scholar Helen Nissenbaum uses Contextual Integrity to evaluate whether the flow of data violates the right to privacy.CI includes two fundamental principles: appropriateness and transmission,which is beneficial to understand and evaluate inferred information.By combining the real practice of big data and algorithm,Sheri.B.Pan improves CI with correlation and sensitivity.Using CI as evaluation of foreign legal practice,The understandings and the protection of inferred information,personal information and privacy should focus on contexts and boost with technologies.China's existing legislative and judicial practice on personal information and privacy are difficult to deal with or even ignore inferred information.In the future,relevant legal regulation practice are also in urgent need of attention to inferred information and contexts.Concluding with Fali,legal regulation and protection on personal information and privacy need the respect of privacy,data and contexts in the era of big data.