Research On The Balance Protection Of Personal Information Rights And Corporate Data Rights Under The Background Of Big Data

In the big data environment,enterprises enjoy a comfortable public life while collecting and processing personal data.The collecting and processing of personal data by businesses is critical to the growth of the big data industry.how to protect the rights and interests of personal data while obtaining a certain space for enterprises to collect and process personal data,and even establish institutional mechanisms to stimulate the power and vitality of the development of big data industry is an important issue at present.This close relationship between personal data and the "goods and exports" of these companies sometimes leads to a conflict of interest between personal data and business information.First of all,there is a conflict between the privacy of personal data and the commercial nature of commercial data.Secondly,technical restrictions on the processing of commercial data complicate the protection of personal data;Thirdly,due to the diversity of channels for collecting personal data,there is no clear definition of ownership of business data.The main cause of the conflict is,in particular,the conflict between the privacy of personal data and the commercial nature of commercial data.In addition,there is a risk of personal data being disclosed when processing personal data.Given the importance of protecting individual data rights and interests,the growth of the big data sector and the digital economy,and the settlement of these conflicts,it is necessary to balance the interests of the protection of individual rights and commercial data.China’s legislation on the balance of personal information rights and interests and enterprise data rights and interests is still in the exploratory stage,Both the Civil Code and the Personal Information Protection Law comprehensively regulate the protection of personal information rights and interests.The provisions on business data rights remain blank in Chinese law.The Cybersecurity Act and the Data Security Act only stipulate companies’ obligations to collect,process and market data based on ensuring data security,not to mention the rights and interests of corporate data.This kind of legislation based on the protection of personal information rights and interests is in line with the legislative spirit of modern legislation "people-oriented",but its empowerment of enterprise data rights and interests is unclear,and it does not match the requirements of developing the digital economy.Therefore,China’s legislation should take the balanced protection of personal information rights and interests and enterprise data rights and interests as the goal,and enrich and improve the definition of sensitive personal information,the classification and hierarchical management of data,and the construction of a responsibility mechanism after enterprises infringe on personal information rights and interests.In the background of big data,the balanced protection of personal information rights and interests and enterprise data rights and interests should be considered in the principle of proportionality,appropriateness and necessity,taking into account the realization of personal information rights and interests and enterprise data rights and interests.First of all,enterprise data should be empowered,given property ownership of data by enterprises,and improved through legislation to ensure the realization of enterprise data rights and interests with systems.Second,when dealing with personal data,we need to improve the informed consent system and users’ right to deletion,improve the requirements for businesses,obtain users’ consent,and give users the right to delete at will.strengthening the processing of sensitive personal data by companies,taking advantage of the possibility of actual harm to individuals following the disclosure of personal data as a standard,dynamic definition of sensitive personal data in line with social development and easing the obligations of information processors for sensitive information,which are voluntarily disclosed by individuals.Third,improve the classification and classification of personal data protection,classify it according to the actual risk of personal data disclosure and require the combination of hierarchical protection and required security.Improving the rules on the use of personal data and taking business conduct into account for appropriate use.By improving the rights and obligations of companies and individuals in the collection,processing and use of personal data,we will ensure a balance between the two.