Research On Civil Law Protection Of Personal Data In The Era Of Big Data

Big data is a new word which has appeared in the field of vision only in recent years, but since has been a high-profile. In recent years, as the wide and deep application of big data technology such as big data mining, big data analysis, almost every person’s life has been slowly permeated by it, and the era of broad and deep data production, sharing, collecting, processing and application is coming. As we all know, the "raw material" of big data comes mainly from personal data which is related to everyone, it involves an individual’s personality and property issues, especially under the background of big data. In the west, the discussion of how to carry on the personal data protection has a long history, the legislation and academic research has been very wide, but these are made under the background of traditional information network, rarely in the context of big data background, therefore the related theory and legislation has been displayed. Although a new round of research and discussion is ongoing, it is still controversial. In our country, the guidelines of personal data protection are neither complete nor uniform, they are mainly scattered in special management specification. These regulations are not enough on the protection of personal data privacy, not to mention under the background of big data. Personal data protection are mainly on the question of civil law, but in our country it’s almost blank, so the new system of personal data protection in civil law needs to be built. Based on this, this paper firstly made a general summary of the concept and characteristics of big data, the definition of personal data and so on, and then details the new safety hazard in personal data collection, storage, usage and trade in the big data application, analyzes the causes of these security problems and the necessity of personal data protection. Next the paper compare the personal data protection legislation of Europe, America, Japan, and put forward which can be used for the legislation in our country. In the end, after comparing the theory of personal data protection, the paper put forward some suggestions of establishing personal data right, especially the property right of personal data.