With the development of science and technology,today’s society has entered the era of big data,and people’s exploitation and utilization of data has become one of the main driving forces of social progress and economic development.However,the arrival of big data has also threatened our economic order inevitably,such as the frequent occurrence of personal data infringement and the crazy growth of underground black market data transactions.As far as China’s laws are concerned,there are only a handful of laws and regulations that can be applied to personal data protection,and a complete personal data protection system has not yet been formed.Therefore,China needs to protect personal data by legislation.Firstly,this paper expounds the basic theory of personal data and its processing;Then,through combing the current legislative situation of personal data processing in China and sorting out the existing problems in personal data processing in China,that is,first,the existing laws do not protect the property rights of personal data adequately;Second,the legal regulation of personal data processing is insufficient;Third,the supporting supervision mechanism for personal data processing is not perfect.At present,the protection of personal data rights in China’s legal norms is insufficient,which reflects the necessity and urgency of legal regulation of personal data processing in China.A comparative analysis of the legislative models of the European Union,the United States and Russia will help us to think about how to protect personal data at this stage and how to combine it with the national conditions,so that we can put forward a diversified personal data protection system for the legal regulation of personal data processing in China.Finally,the legal system of personal data processing in China should be improved.Construct a new property right of personal data,clarify its subject,object and right content,and start with the regulation of personal data with new property right.Then,reasonable regulation of personal data processing behavior can better improve the supporting supervision mechanism of personal data processing in China and implement the protection of personal data processing in order to achieve the regulatory effect. |