| Privacy as a kind of classic personality right has been more than hundred years of development history,but with the Internet of things,big data,the development of new technologies such as cloud computing,affect social survival of many fundamental elements are changed,so the right of privacy is also in the new period is endowed with rich meaning more and more,its security category is expanded.Have perfected in the concept of privacy system increasingly today,the evaluation standards relating to the personal privacy information,the improvement of the privacy framework,and personal information on the definition and protection rules apply cohesion,and the public welfare needs of the development of data and privacy protection problems such as the balance between private interest become problems at this stage to be solved urgently.Among them,the privacy information closely related to the subject of personal information is more likely to be coveted by criminals because of its greater use value.As for the protection of public privacy in the era of big data,China has not formulated special legislation.On May 28,2020,the Civil Code will be officially implemented,which will be a new starting point for the Chinese civil law field,and also marks the beginning of the codification era for the theoretical and practical research of Chinese civil law.Since then,new problems arising from the development of the Internet,big data and other high-tech technologies will be re-examined and studied under the framework of the Civil Code,and privacy is no exception.The introduction of the Civil Code defines the connotation of privacy and the types of infringement in theory,and outlines the framework of privacy protection.However,the definition of the relationship between privacy and personal information and the distinction of protection rules have aroused new disputes in the academic circle with the introduction of the Personal Information Protection Law.The overlapping of the two in the protection of the interests,and then lead to the identification of private information,judgment and law application of new problems.In addition,with the continuous improvement of big data analysis skills,new types of privacy infringement are constantly emerging,and the value conflicts between privacy rights and other rights are becoming increasingly acute.The openness and profitdriven nature of data development conflicts with the value pursuit of privacy protection,posing new difficulties for privacy protection in the era of big data.Therefore,in the face of the theoretical dilemma and practical conflict of privacy protection in the era of big data,this paper tries to use the scene theory and hierarchical judgment rules to help establish a comprehensive private information identification standard.In addition,as a supplementary remedy for privacy protection in the big data era,the protection mode of personal information in the Personal Information Protection Law should be used for reference,and the principles of data processing and review mechanism should be improved to achieve a balance between the development of digital economy and the protection of privacy interests,thus contributing to the protection of privacy in the big data era. |