A Research On The Contradiction And Coordination Between The Protection Of Trade Secrets And Personal Information

In the age of big data,the business model of data utilization is becoming mature gradually.Personal information is one kind of important objects that businesses devote themselves to the utilization in the big data context. Personal information right is protected by personal information law system,while trade secret included personal information is protected by trade secret law system.The substance of right conflict is two subjects of rights share different right to the same objects of rights,which is personal information in this context.This is also the essence of the contradiction between rights of trade secret and rights of personal information.The focus of this article lies in the following four aspects.Firstly,this paper figure out the typical trade secrets that included personal information,which is customer list,user profiling,data base of personal information and the relevant methods and technology that personal information is processed.Secondly,it points out the motivations,legal reasons and concrete manifestations about the contradiction between rights of personal information and trade secret.Thirdly, through the research on contradiction settlement in other countries or areas,such as USA,Itlay,England and European,we try to learn excellent solution from them.Forthly,this paper put forward solutions and coordinate methods from four points,which respectively are from the theory,legal solution,business management and technology measure aspects.The idea of this paper lies in the concrete performance what kind of trade secret include personal information.Then it regards the potential contradiction as the suitable breakthrough point.On the base of learning from other countries or areas,we finally discuss the coordinate ways.Section One of this essay figures out the typical trade secrets that included personal information and the concrete forms. Personal information and the relevant methods and technology that personal information processed are all trade secrets,which is also the precondition that finally leads the substantial confliction.Then Section Two points out the motivations,legal reasons and concrete manifestations about the contradiction between rights of personal information and trade secret. Section Three analyses the practice of other countries or areas.The solutions about solve the conflict of rights in foreign countries don't form a comparatively perfect system,but we still can learn some usefull thing from it. Section Four puts forward solutions and coordinate methods from four aspects of the theory,legal solution,business management and technology measure.