Study On The Administrative Law Of Persona Information Protection In The Era Of Big Data

With the improvement of economy and technology, the Big Data has become the main theme of the era. The Big data is also called "oil of the new era" and now is the common focus of countries and companies. Especially with the technological development of the Big data, the exploration and utilization of the big data has gone deep into all different fields of society and has become an essential part of social life. It is used as an office tool by administrative organs and applied in social management. And carriers predict the developing direction by collecting and processing data. The Big data as a new thing has rapidly become the main stream of the times. But in the era of the Big Data, civics1 information is vulnerable. The needs of profit and the imperfection of law and citizens’ lack of awareness can cause information leakage and financial loss. Government as the administrative organ has the natural advantage in protecting civics’ information; however, this is a big challenge for the administrative organ because of the particularity and urgency of personal information protection and in light of the deficiency in our country’s Administrative Law in terms of personal information protection.Personal information is an important part of civics’ privacy; especially in today when information and socialization are highly developed it’s easier than ever to be abused. And therefore personal information protection is facing even bigger challenges. The leakage of personal information can cause not only leakage of privacy and humiliation, but social instability as well. However, there are many loopholes and problems in protecting personal information in our country, and this has caused abuse of the rights of information owners and has made the severity and urgency of it stand out. Therefore, having studied the domestic status quota, this article analyzes and points out the deficiency of personal information protection and the lag of legal protection, and makes clear the necessity of personal information protection. At the same time, this article explores the experience of civil law system and common law system countries on personal information protection, and combines with our country’s reality and analyzes the enlightenment of foreign legislative practice to our country. In light of the lag of legislation of personal information protection in the era of the big data, this article tries to restrict administrative organs on collecting and processing personal information by studying our country’s legislative model and legal principles, and presents how to seek remedy when personal information rights are abused.