| Since the 20 th century,the rapid development of Internet technology has heralded the arrival of the age of big data.The collection,storage and utilization of data in all walks of life have increasingly affected people’s work and life.However,the publicity and the universality of information dissemination embodied in the age of big data threaten the traditional privacy to a certain extent.On the one hand,the provision that the traditional right of privacy only protects private space has been extended because of the emergence of online public space;On the other hand,the protection content of the right of privacy has been endowed with dual attributes of property and personality because of the addition of privacy related parts of personal information and personal data.In addition,the improvement of data transmission,circulation speed and scope in the information society has made the negative impact of personal privacy disclosure more than before.Therefore,how to better protect privacy in the age of big data with privacy has become an important issue.This paper will collect big data privacy dispute cases,analyze the current situation of privacy in the age of big data,point out the existing problems,and put forward corresponding suggestions.The four parts will divided into this paper.The first part identifies the concept of privacy in the age of big data.First,it elaborates the definition and characteristics of big data and big data era,then compares the differences between privacy and traditional privacy content in the big data era,finally expounds the characteristics of privacy in the big database era.The second part mainly analyzes the current situation of privacy protection in China,including legislative overview and judicial judgment analysis.In the analysis of judicial judgment,first,the cases are differentiated according to the different subjects of the plaintiff and the defendant,then the cases are classified into eight categories by type analysis,and then the eight categories of cases are integrated for result analysis.The third part is to extract three problems existing in China’s privacy protection in the age of big data from the results summarized above,including defects in the application of laws,inequality of rights between enterprises and users,and defects in the right relief mechanism.The fourth part is to propose corresponding solutions to the existing problems.First,it introduces the methods and experiences of the United States and the European Union on privacy protection in the era of big data,and then,according to the enlightenment of foreign experience,it discusses theoretically the ways that China can adopt to protect privacy in the era of big data and the reasons why these methods have not been adopted at this stage.Finally,under the protection mode in line with China’s national conditions,three kinds of targeted solutions are proposed for the above issues,including improvement in the application of law,promotion of industry self-regulation and improvement of the right relief mechanism.These proposals are based on the premise of ensuring the orderly development of science and technology,and are committed to better protecting citizens’ privacy in the era of big data. |
