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

In the current society,with the rapid development of big data technology,human production and life style is also changing.In a virtual-real isomorphic society,People’s Daily information exists in the form of data.As a result,personal privacy data is highly likely to be improperly acquired and used,and privacy protection suffers a serious crisis.Privacy rights also change in the era of big data.China’s Civil Code has a special chapter on the right to privacy.In the era of big data,research on the right to privacy protection is bound to rely on the relevant system and provisions of the Civil Code.It is undeniable that the existing civil law protection system of privacy has certain inadaptability in the era of big data.This paper takes the problems existing in the protection of citizens’ privacy rights in the era of big data as the starting point,analyzes the causes,and gives corresponding suggestions for improvement,in order to contribute to the construction of the era of "post-civil code".The main body of this paper is divided into four parts.The first part is the overview of privacy in the era of big data.Firstly,it expounds the connotation and characteristics of big data,the evolution of privacy concept and the establishment process of privacy right in private law.Secondly,it focuses on the new changes of privacy in the era of big data.Finally,it reiterates the importance of civil law protection of privacy in the era of big data.The second part,based on the current situation in China,points out the problems existing in the civil law protection of privacy in the era of big data.It is mainly manifested in the following four aspects.First,there is a certain conflict between privacy protection and public interest.Second,the uncertainty of the scope of privacy.Third,the boundary between the right to privacy and the right to personal information is blurred,and there is the possibility of mutual transformation between privacy and personal information in some cases.Fourth,it is difficult to determine the standard of privacy infringement,which is manifested in the narrow scope of damage results and the difficulty in proving causality.The third part mainly analyzes the corresponding reasons for the above problems.It is mainly due to the complexity of privacy interests,the difficulty in determining the definition of privacy,privacy and personal information overlap,and the concealment of privacy infringement.The fourth part mainly puts forward some suggestions on the shortcomings of the current civil law protection of privacy.First,balance the relationship between privacy protection and public interest.Second,clarify the criteria for judging the subjective element " unwilling to be known to others " and the objective element " privacy " in the definition of privacy.Third,clarify the boundary between the right to privacy and the right to personal information.Fourth,the existing rules for the identification of privacy infringement are improved,including moderately expanding the scope of the identification of damage results,and reasonable allocation of proof standards for plaintiffs and defendants in some privacy infringement cases.