The Legal Dilemma And Countermeasures Of Personal Information Protection In The Era Of Big Data

In the era of big data,based on massive personal information,big data analysis has become a new form of economic development.At the same time,there is a huge contradiction between personal information processors represented by Internet enterprises and information subjects represented by citizens.Big data makes the abuse and disclosure of personal information become a serious social problem,endangering the safety of citizens' lives and property.The information subjects are in an absolutely weak position in front of the personal information collectors,so the government needs to play its public function to balance the contradictory relationship between the two sides.At present,the government is in urgent need of effective intervention in the protection of citizens' personal information to fulfill their responsibilities.From the perspective of government regulation,this paper aims to clarify how the government regulates personal information processors.The paper's intention is to find out the suitable government regulatory mode in China through the summary of the European Union,the United States,China's government regulatory mode and their analysis and comparison.Through unified legislation,the EU adopts the supervision mode of strong government intervention.Through the establishment of independent supervision institutions,the information security of EU citizens is strongly guaranteed.Through decentralized legislation,the United States adopts a regulatory model based on industry self-discipline.Although supplemented by the enforcement supervision of the Federal Trade Commission,the free competition in the market is guaranteed to the greatest extent.Based on decentralized legislation,our country adopts the supervision model of multiple law enforcement and industry supervisor.There is no unified legislation and independent supervision authority.The form of our government supervision seems to like the form of the United States.In fact,because China's personal information protection legislation started relatively late,China has vigorously promoted economic development since the reform and opening up,so there is less regulation but more support for enterprises.In addition.Before the rapid development of big data,there were fewer cases of infringement of citizens' personal information,which led to less attention of the Chinese government to the protection of personal information.The massive commercial use of big data has infringed a large number of citizens' personal information and caused a series of social governance problems.Compared with United States,China does not have developed personal information security industry self-discipline system,which causes the biggest problem of our government supervision: the absence of administrative protection.For the problems in government supervision,this paper starts from the three perspectives of China's current legislation,law enforcement and judicature respectively,and intends to analyze the legal dilemma of government supervision comprehensively.In order to solve these problems,we need to analyze them from the above three perspectives.First of all,we should improve the level of legislation,formulate a comprehensive "Personal Information Protection Act",and solve the problem of "controlling the water by Kowloon" by setting up special supervision agencies.The legislative concept should also pay attention to the needs of the development of big data economy,and realize big data economy also has the value of being protected by law to use personal information.Legislators need to integrate the protection of personal information with the development and utilization of big data.Secondly,in law enforcement,special governmental regulatory agencies should play a leading role,effectively exercise their regulatory power,and protect citizens' personal information security in all aspects including before,during and after the event.The government should also encourage enterprises to conduct industry autonomy,carry out personal information security education for citizens,reduce the cost of supervision and improve the effect of supervision.Finally,in the judiciary,we should pay attention to the coordination of criminal relief,administrative protection and civil relief,so as to form a joint force to protect citizens' personal information security at different levels.Only through this way can the government balance the interests of various parties and effectively deal with the difficult problem of personal information protection in the era of big data.