Research On Classification Protection Of Personal Information In The Age Of Big Data

The development of Big Data's technology has brought great challenges to the protection of personal information.Based on path dependence,traditional personal information protection is based on the "one size fits all" model and regards it as an independent and complete right to protect,which has caused the reality and the theory double predicament.Based on the theory of information life cycle and combined with the multiple legal interests and two-way interests of personal information,the dissertation proposes a new classification standard of personal information,which provides a new path for the protection of personal information.The dissertation focuses on the following questions:(1)which challenges does Big Data bring to the protection of personal information?(2)What is the necessity of classification protection?(3)How to construct the framework of personal information classification protection?(4)How to construct the specific protection mechanism of different categories of personal information?The dissertation is divided into seven chapters besides the introduction and conclusion.Chapter 2 answered the question(1).First,the dissertation analyzes the challenges brought by Big Data technology to personal information protection.Besides,the dissertation analyzes the definition and classification of personal information,as well as the relationship between "personal information" and "personal data".It is pointed out that the use of "personal data" and "personal data" should not be distinguished strictly in the legal context.Finally,the dissertation sorts out the status quo of personal information protection in the EU,U.S.and China.Chapter 3 and 4 answered the question(2).Chapter 3 takes the realistic foundation of personal information classification protection as the research purpose and the realistic dilemma of personal information protection as the core of discussion.It is pointed out that the traditional personal information protection is in accordance with the "One size fits all" mode,which leads to the imbalance of interest and the failure of the "Notification-Consent" mechanism.The reason of the problem abovementioned is that the traditional personal information protection only focuses on the one-way benefit protection level.In addition,the chapter sorts out the main point of view of the theory of personal information property at home and abroad,and analyzed the new model based on the information property right.It is impossible to meet the needs of personal information protection through property only.Chapter 4 takes the theoretical foundation of personal information classification protection as the research purpose and the non-entitlement of personal information as the core of discussion.Firstly,the chapter sorts out the protection of personal information and privacy and emphasizes the demarcation of them.Secondly,it is pointed out that the purpose of personal information protection is not the single protection of personal information interests,but to facilitate the free flow and use of personal information under the premise of properly handling the various interests above information.Finally,personal information does not accord with the basic characteristics of civil rights,such as attribution efficacy,exclusion efficiency and social typical openness.It is non-rights.Therefore,personal Information cannot be protected as a full right.Chapter 5 answered the question(3).Firstly,the chapter points out that personal information has different interests in individual and enterprise,and its legal interest has the bilateral characteristics.In addition,based on sorting out and reflecting on the protection path of traditional information classification,it is pointed out that the classification of personal information should not be based on a single dimension,but on the multi-dimensional integration.Finally,based on the life cycle of personal information,a new classification framework should consider the legal form of information and the main body of interest.It should take personal private information,personal fact information and data products as the classification types.Chapter 6,7 and 8 answered the question(4).Chapter 6 takes the protection mechanism of the first type of personal information,data products,as the research purpose,and the protection of it as the core of discussion.The chapter analyzes the necessity,feasibility and legitimacy of data products property rights.It proposes two ways of data product empowerment,one is regarding the "anonymous information" as the object of information processing,the other is "personal license".Chapter 7 takes the protection mechanism of the second type of personal information,personal private information,as the research purpose,and takes the privacy protection of it as the core of discussion.The chapter discusses the meaning and legal nature of private information,and points out that it should be protected by the Privacy Law.It is pointed out that the application boundary of the "notificationconsent" mechanism should be strictly restricted,and the application of default mechanism and cost strategy mechanism should be strengthened.Chapter 8 takes the protection mechanism of the third type of personal information,personal fact information,as the research purpose,and takes the benefit allocation protection of it as the core of discussion.The chapter discusses the meaning and legal nature of personal fact information,and points out that it should follow the protection path of benefit allocation.On the one hand,in view of the violation of the right to life peace and personal freedom caused by the abuse of information,it should be protected by the personality rights.On the other hand,individuals have property rights of it so that the using and processing of the information commercially must be based on the personal license.