The Reasearch Of Consumer Personal Information Rights In The Era Of The Big Data

In the past two decades,the development of the Internet has reshaped social and economic life,and the advent of the era of big data has brought more subversive changes to traditional industries.Big data is an irreversible development trend,and information technology has also developed into a new stage.For example,in the fields of transportation,service,education,investment and other fields,the use of big data has long been the mainstream trend,and the development speed of big data applications related to online consumption is even more incredible.In real life,the erosion of consumers’ personal information by big data-related products and services often leads to consumer boycott and anger;however,many consumers often fail to clearly recognize that in this new information age,their fingertips are inadvertent.The information and data generated by the actions of consumers may reveal the secrets related to the personal information of consumers.In the past thirty years,consumer rights protection actions have never stopped,and the norms that have become social consensus established in vigorous actions have never changed,such as consumers’ right to know,fair trade,and consumer choice.In the era of big data,while new technologies have upgraded consumption,they have also brought consumers into new dilemmas.In addition,the dilemmas in traditional consumption scenarios still exist,and consumers face more complex difficulties.Therefore,the protection of consumers’ personal information rights is one of the biggest problems faced by consumers in the era of big data.In this context,the purpose of this paper is to take the era of big data as the background,hoping to explore the situation of consumer personal information protection in this era through empirical research and theoretical research.What this article hopes to discuss is to take consumers’ personal information right as a new type of independent consumer right and determine it in the legislative system of consumer rights protection,so as to explore explore the introduction of a more severe punitive compensation mechanism to better protect the rights and interests of consumers in the case of infringing on their legitimate rights and interests.Clarifying the connotation and legal attributes of big data is helpful for in-depth research on the protection of consumers’ personal information in the era of big data.The change in the connotation of big data actually reflects the different stages of the development of big data technology,and the change in the connotation of “personal information” echoes this,which is actually the identification and exploration of consumers’ digital identity and information utilization.In the era of big data,the protection of consumers’ personal information rights is very necessary and urgent.First,consumers’ personal information faces the problem of excessive collection,which makes it easier to locate and track specific consumers with the assistance of big data technology,which is extremely unfavorable for consumers’ information and privacy protection.Second,how to use consumers’ personal information in compliance with regulations,there are still gray areas or even illegal areas in supervision.In the market economy environment,precision marketing has long been a great tool for operators.However,economic interests must not be at the expense of consumers’ legitimate rights.Third,in the context of online consumption,involving thousands of operators,network service providers,data processors and so on,any omissions in technology and supervision will lead to large-scale illegal sharing of information and illegal transactions,increasing the the risk of information leakage is extremely detrimental to the protection of consumers’ personal information.Traditional consumer rights protection laws have extremely obvious limitations on the protection of consumers’ personal information.Under the traditional legal framework,the protection and relief of consumer information risks also encounter many difficulties.It is precisely because of so many difficulties that the protection of consumers’ personal information rights in the era of big data is necessary and of great practical significance.Investigating the status quo of consumer personal information protection in the era of big data is an important practical basis for constructing specific protection paths.This survey mainly includes two parts,one is the current laws and regulations,industry policies,and social protection of consumers’ personal information protection in my country;the other is the current status of consumer personal information protection in China.This paper takes the actual situation of consumer personal information right protection in Chongqing as the empirical research object,and adopts the method of combining case analysis,qualitative analysis and quantitative analysis.Literature,questionnaires,and personal interviews are the primary data sources for research,and these three methods are also the most commonly used to assess social issues.Through literature research,it is found that my country’s current legislation on consumer personal information protection,although my country promulgated the "Personal Information Protection Law of the People’s Republic of China"(hereinafter referred to as the “Personal Information Protection Law”)on November 1,2021,Personal information protection has been designed with a relatively systematic legal system,but most of the content involved in personal information protection is a principled regulation,and the provisions on the relief path after personal information may be illegally used are relatively general,and the practical guidance value for personal rights protection is relatively high.Insufficient,these are not conducive to the protection of consumers’ personal information.Interviews with professionals and ordinary consumers also revealed many problems.Judging from the current situation of personal information protection,personal information leakage is extremely common,and consumers’ awareness of personal information protection is also lacking.In addition,after consumers are infringed,there are difficulties in safeguarding their rights and the high cost of protecting their rights.The inability of judicial and law enforcement to exert effective regulation is also a difficulty in protecting consumers’ personal information at present.The interviews with ordinary consumers also reflect that,on the one hand,ordinary consumers in my country have not yet had sufficient awareness of personal information protection,and on the other hand,the publicity of personal information security precautions felt by ordinary consumers is not enough.By conducting a large-scale questionnaire survey,the research on the current situation of consumers’ personal information protection can be more specific and reflect the real problems.The theoretical basis of consumers’ right to personal information is an important theoretical support for constructing the protection path of consumers’ personal information in the era of big data.The development of big data technology has made personal information one of the most valuable resources,with great economic and social value,but personal information is related to the individual dignity of consumers.The protection of consumers’ personal information rights requires consumers to have complete and comprehensive control over their own information.From the perspective of efficiency,this control is a great obstacle to efficiency,because the existence of the above-mentioned control will hinder data timeliness of analysis and application.There is a fundamental conflict between the protection of consumers’ personal information rights at the level of legal regulation and the secondary utilization of fragmented consumer information through big data technology.This conflict also reflects the contradiction between fairness and efficiency.The value of law is reflected in the pursuit and balance of fairness and efficiency consistency.In the process of pursuing the core values of the law,respecting consumers’ autonomy and the independent and exclusive infringement of consumers’ personal information rights,that is,respecting consumers’ personal dignity.Judging from the current academic disputes over the legal attributes of consumers’ personal information rights,there are currently three main theories that represent the more mainstream views.The first is the "personality right theory",which is reflected in the Personality Rights Section of the Civil Code.Personal information is inseparable from the dignity of an individual’s personality.The specific content of personal information reflects individual personality characteristics and has unique rights connotations and boundaries.The second is the “ownership theory”.This theory emphasizes the economic value of personal information,but the pure ownership model cannot effectively achieve the purpose of protecting personal information.Even so,personal information can be used as a transaction object,can obtain property benefits and possess property attributes,there is no doubt about that.The third is the “Basic Human Rights Theory”,which holds that new data technologies have a subversive impact on the traditional field of human rights,and the concepts and practices of human rights have also evolved and updated.In my country’s human rights law circles,the concept of “the fourth generation of human rights” is proposed,and it is also a relatively mainstream view to view personal information from the perspective of constitutional protection of human rights.Based on the above theories,this paper believes that the right to personal information has a human rights basis,which is different from the right to privacy and general personality rights.It is a specific personality right that includes personality interests and property interests,and is a more detailed right.Consumers’ right to personal information already has a theoretical and practical basis as a new independent right of consumers.The subject of consumers’ personal information right is not different from the traditional definition,but the consumer society in the era of big data has characteristics different from the traditional consumer society.The first is that consumers have greater autonomy in choosing,the second is the individualization and diversification of the consumer market,and the third is that consumers pay attention to the practical value of commodities.After all,in the era of big data,consumers can ignore the limitations of space and time,and direct transactions have become the main type of consumer transactions,which also puts forward higher requirements for information reception and information security.The object of the consumer’s right to personal information refers to all information that is independent of the subject but can be used to identify a specific subject.Identifiability and extensiveness are both important characteristics of the object of consumers’ right to personal information.From the perspective of the specific rights,the provisions of other countries and regions outside the territory on the specific powers of consumers’ personal information rights are not completely consistent,but the right to know,the right to decide,the right to change,the right to delete,the right to benefit from,and the right to claim compensation belong to The main content of specific capabilities.In addition,the enhanced protection of consumers’ personal information,represented by the European Union,has also given birth to the content of the “right to be forgotten”.Therefore,the protection of personal information rights determines that individuals can freely decide on the use of personal information,and the“right to be forgotten” is one of the components of this right to self-determination,but my country does not yet have the soil to apply this legal principle.The “right to be forgotten” has an alternative protection method in my country.Judging from the status quo of the protection of personal information rights in my country,the right to delete is sufficient to protect the legal interests it points to.The purpose of discussing the right to personal information as a new independent right of consumers is to demonstrate the special significance of the protection of consumers’ personal information rights in the era of big data.Second,by giving corresponding obligations and legal responsibilities,it can help improve consumer confidence,and at the same time,it can make the consumer market more dynamic,thereby promoting the sustainable and healthy development of the market economy.To build the protection of consumers’ personal information in the era of big data,it is necessary to learn from extraterritorial experience,conduct a comparative legal investigation of the latest legislative reforms of extraterritorial judicial practice,and combine the results of domestic practice research to determine the main body of responsibility for the protection of personal information rights,the burden of proof,the litigation mechanism,and the legal system.It explores the protection of consumers’ personal information in my country from six aspects: responsibility,the role of industry associations,and social protection.From the perspective of responsible subjects,the complexity of online consumption determines that it involves multiple subjects,such as producers,online trading platforms,express companies and so on,and may become infringers of consumers’ personal information.Even if the subject of responsibility is locked,the unbalanced allocation of the burden of proof,and the litigation rule of “whoever advocates will give evidence”,also makes consumers bear a heavy burden of proof that is far from matching their ability.In consumer personal information infringement cases,in addition to involving a single consumer,it may also involve a wide range of subjects,and the type of litigation is also an important issue that cannot be avoided in the protection of consumers’ personal information rights.my country’s “Consumer Rights Protection Law” is not detailed on how to bear legal responsibility,and the “Personal Information Protection Law”still needs to be improved in terms of the legal path for the realization of personal information protection.Industry associations and social protection represent the support of non-governmental forces for the protection of consumers’ personal information rights.Semi-official organizations represented by consumer protection associations and other industry associations should assume more important responsibility for the protection of consumers’ personal information rights in the future.In addition,the cultivation of consumers’ awareness of rights protection should also be the focus of social protection.In the context of the era of big data,the design of the consumer personal information protection system should reasonably absorb and learn from the useful experience from outside the region,and link the previous and the next to propose a legal path.Starting from the legal core value of the protection of consumers’ personal information rights,explore the specific content of a perfect legislative style and legislative model,and discuss the system design to promote the protection of consumers’ personal information rights,so as to improve the legal framework for the protection of consumers’ personal information rights in the context of big data..In addition,the Personality Rights of the Civil Code stipulates the legal protection of consumers’ personal information.Although cheering for the landmark event of the Civil Code,there should be more complete institutional guarantees for legal remedies for consumers’ personal information rights.It is necessary to learn from useful practical experience outside the territory,clarify the responsibilities of the administrative supervision department,improve the administrative supervision mechanism,give play to the exemplary role of consumer civil public interest litigation,and deeply explore the consumer class action system.At the same time,industry norms for the protection of consumers’ personal information rights should also be emphasized.Industry norms on consumer personal information protection can effectively supplement the deficiencies of traditional legal regulations.With the rapid development of big data technology,in the face of new problems in social and economic life,the function of traditional legal norms to adjust social relations may lag behind,especially in areas such as personal information infringement.Strengthening the guidance of industry norms can effectively Improve the level of consumer personal information protection in my country.In the era of big data,the protection of consumers’ personal information rights has become an unavoidable social issue.No single legal regulation or industry supervision can effectively protect consumers’ personal information rights.The rapid development of big data technology and the iteration of information protection concepts require traditional legal regulations and industry norms to cooperate with each other,and legal supervision,administrative supervision,industry supervision,and public opinion supervision work together to truly realize the protection of consumers’ personal information rights.