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Research On Civil Legislation Protection Of Privacy In The Age Of Big Data

Posted on:2022-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y N WuFull Text:PDF
GTID:2556307046479874Subject:legal
Abstract/Summary:PDF Full Text Request
With the advancement of strategies such as technological power and network power,the development of my country’s information age has ushered in a new stage of development,the age of big data.The emergence of various technologies has changed people’s lifestyles and brought many conveniences to people’s lives.At the same time,privacy rights are also facing more and more risks,such as the permanent memory of user information by data platforms,the excessive capture of customer biological information by merchants,and the wanton reselling of sensitive information.Privacy infringements are becoming more and more intense.Potential.Limited to the new changes brought about by the development of big data,its connotations and characteristics are different from the traditional privacy rights of the past.In fact,in the age of big data,privacy is not clearly defined,privacy infringements are difficult to determine,"know" and "should know" are unclear,and right holders lack control over their private information,and other practical difficulties make it difficult to protect privacy in civil law.Heavy.In this regard,based on my country’s existing civil legislation,combined with my country’s actual conditions,it is advisable to learn from the "California Privacy Act of2020"(CPRA),the "Red Flag Rules",the obligation of safe communication,the standards of "good managers" and related extraterritorial standards.Practical experience to improve our country’s privacy protection system.In the specific improvement path,the real-name system should be implemented to clarify the subjects responsible for the infringement of privacy rights,to determine the scope of responsibility of network service providers based on the standard of "good administrators",to clarify the criteria for determining "know" and "should know",and to create the principle of liability for fault The compound liability mechanism with the presumption of fault liability principle strengthens the right holders’ control over their private information to maintain the right holder’s privacy rights,and achieve a balance of interests among the right holders,network service providers,and network users.
Keywords/Search Tags:Big data, Right of privacy, Network service provider, Duty of care, Principle of liability for faul
PDF Full Text Request
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