Research On The Path Of The Privacy Protection For Personal Data In Big Data Era

Personal Data,also known as Personal Information,refers to the information that can directly or indirectly point to a specific individual.“Big Data”,also known as data mass,is a datasets of huge scale,rich types and complex analysis technics.Status quo is changed by the dramatic increase of the data scale in Big Data Era,and the data is increasingly regarded as a valuable asset.Personal Data,as one type of the data,is subjected to the risks such as unauthorized acquisition or excessive acquisition,unauthorized use to push information and provide services,being shared and traded arbitrarily,being leaked or other unpredictable risks.As a result,it is imperative to provide privacy protection for Personal Data in the grim situation.However,which right path should be chosen for personal data protection is still controversial in theory.The controversies rest in protective paths of right of property and personality,right of general personality and specific personality,right of privacy and the right of name and portrait as well as other rights of specific personality.In addition to the protective paths of the right of personality,right of property and other traditional rights,there are also the controversies about the protective paths of right of image,right of self-determination,right to be forgotten and other new types of rights.Theoretical controversy on privacy protection for Personal Data is aroused by the diversity and complexity of Personal Data which reflects not only the personality interests of the information agent,but also the propertyinterests of the agent,overlapping to some extent the protective scope of the personality interests and property interests in civil rights system.Among them,in the field of right of personality,the protective scope of Personal Data overlaps that of the right of general personality,as well as that of the right of specific personality such as the right of privacy,the right of name and portrait.Accordingly,a single protective path,either the traditional ones such as right of property,right of general personality,right of privacy,right of name and portrait or the new-type ones such as right of image,right of self-determination,and right to be forgotten,cannot provide overall protection for complex Personal Data.In order to maintain the system of civil rights,we should not deny any paths of right protection for personal data,or rashly create a new-type right of personal data before the theory has been ready.According to the interpretative theory,the key of the privacy protection for personal data lies in the “information control” of the Personal Data by the information agent.Around this core,it should be integrated with a series of protective measures: from the perspective of “right to know”,it should protect the Personal Data of the information agent from being arbitrarily collected and used;from the perspective of “peaceful right”,it should protect the Personal Data against being arbitrarily identified or located to push information,advertising or service;from the perspective of “right of disposition”,it should protect the information agent to conduct transactions about the value of Personal Data or to get a permission to freely use the data;from the perspective of “right of privacy”,it should protect the agent to have the rights of refusing to reveal or share the legally collected Personal Data;from the perspective of “right to be forgotten”,it should protect the agent to have the rights of demanding others to revoke or delete the Personal Data illegally collected or accidentally revealed.It is inevitable that the integrated protective path,centered in “information control”,will bring the problem of concurrentright,which can be addressed with concurrent liability.According to the legislative theory,the integrated protective path which is centered in “information control” requires the special legislation to realize the protection of Personal Data.The future Personal Information Protection Law may stipulate that the information agent can be entitled to the right of information control,and it may be constructed to be a system of information control with the “right to know”,“peaceful right”,“right of disposition”,“right of privacy”,and “right to be forgotten” etc..At the same time,it may have provisions about the limitations of “right of information control” in order to keep up with the development of the Big Data.As a result,it can realize a dynamic equilibrium between the protection and application of Personal Data.