Research On Legal Protection Of Personal Private Information In The Era Of Big Data

In the 21st century,the Big Data era is characterised by a boom in technological innovation and valuable opportunities,and the accelerated development of human society through the Internet platform.At the same time,human beings are unprepared to enter the era of information explosion.While enjoying the convenience it brings,it is also important to note that in this environment,personal privacy and personal information are vulnerable to infringement,especially the infringement of personal private information,the intersection of the two.The study of the protection of personal private information is a hot spot and a difficult issue that is being explored by the theoretical and practical circles in China.Unfortunately,the Civil Code does not make clear and precise provisions on the concept of personal private information,and only specifies the path of applying the right to privacy to the protection of personal private information.The Protection of Personal Information Law,which was enacted afterwards,has a more complete protection framework and protects personal information more effectively by defining personal information in a broader way in terms of its connotation and extension,although it upholds the legislative purpose of protecting personal information and promoting the reasonable use of personal information.However,the Personal Information Protection Law does not mention the concept of privacy,nor does it specify the definition of personal private information and other legal application issues.As a result,the protection of personal private information in China is currently characterised by inadequate legislation,confusing judicial application and the absence of other supporting mechanisms for the protection of rights.In this article,the basic theory of personal information is studied,and on the basis of its connotation,the connotation of related concepts and the similarities and differences between them,it is concluded that the conceptual definition of personal information can be determined by following the thinking path of identifiability,secrecy and private nature.At the same time,the compatibility of privacy and personal information protection has also given rise to new problems,exacerbating the difficulties in the application of the law and making the road to the protection of rights difficult.Therefore,based on the analysis of the more complete legal systems in the United States and the European Union,this article proposes some feasible suggestions for improving the legal system for the protection of personal information in China,taking the characteristics of the national situation as the starting point and drawing on advanced foreign experience-constructing three principles for the protection of personal private information,clarifying the scope of dynamic personal private information The three principles of personal private information protection,clarifying the scope of the dynamic personal private information and the subjects of responsibility,lowering the standard of proving the fault elements of the information subject on the basis of the priority protection of privacy rules,and linking external administrative supervision and industry self-regulation mechanisms,with a view to ensuring that China’s personal private information can enjoy the maximum protection while circulating freely in the new era and maintaining the sound operation of civil activities.