The Design Of Legal Framework Of Personal Information Protection In The Era Of Big Data

The rise of big data technology in the era of Internet motivates enterprises to utilize the data technology to enhance ability of decision making,but also increases the risk of data breach as well.The personal information is more likely to be infringed,therefore making the protection of personal data a focus issue.There is still a legal gap of basic legal framework in connection with personal information protection in China,and the demarcation between personal data and privacy is not sufficiently clear.Subject to the condition mentioned above,the essay presents the key points of the reform of personal information occurred in the Europe under the background of big data,by analyzing the General Data Protection Regulation,the whole relevant legislative procedure and important documents involved,to expect that the European experience may enlighten China on the field of data protection legislation.In addition to Introduction and Conclusion,the essay consists of another four parts:The first part refers to the details of reform in the European General Data Protection Regulation.First of all,the essay introduces the background of the reform.Then,the prior legal framework with regard to data protection is also presented.Furthermore,by comparing the prior and present legislation,the essay describes the overview of the reform of data protection.Eventually,the essay analyzes the newly legislation from several different aspects,illustrating the specific responses to the development of big data and verifying the attitude and corresponding measures Europe takes to big data.The second part refers to the major issues in connection with personal information protection raised under the background of big data.At first,the essay discusses the impacts the new technology exerts on the scope of data protection by analyzing big data itself and the feature of identifiability.Besides,as to the subjects in connection with the data protection,the essay discusses how social division and market dealings produce information risk regarding to business enterprises,but also explains the dilemma of data protection in connection with new civil subject and public powers.Moreover,the essay demonstrates the feature of high technicality of the data breach using the big data technology from the aspects of secretiveness,remoteness and legality.Finally,the essay analyzes the trend of cross-sectoral data protection and the issue of cross-border data transmission as well.The third part illustrates the current protection of personal information and its defects in China.Firstly,introduction and analysis of legislation on data protection according to industries and central-local relationship is made to confirm the features of the standard statistic data and its limits,including inconsistency of legislation,asymmetry of rights and responsibilities,and asymmetry of powers and duties.Secondly,empirical research in regard to judicial judgments of data protection is carried out,discovering the issues of definition of person information,burden of proof,feasibility of litigation,and terms of codes referred,on the civil,criminal and administrative lawsuits.Thirdly,as to the aspect of administrative protection of personal information,the essay sorts out the supervisory authorities,discovering that the establishment of supervisory authorities does not respond to the development of big data,and the lack of coordination and independence between or of the supervisors is still obvious.Finally,the essay discusses some issues relating to the use of big data by the business enterprises from the aspects of industry self-discipline and measures adopted by the enterprises,by quoting the internet enterprises as an example.The fourth part refers to the implications offered to China from the European reform of data protection in the era of big data.At first,the essay ensures the necessity and feasibility of reference of European experience to verify the precondition of the discussion.Then,the legislation models which shall be chosen and basic principles which shall be established are put forward.Also,the essay presents the implications of European experience in connection with legislative objectives,the scope of legislation,the construction of rights and responsibilities,the enforcement mechanism,legal remedy,cross-border data transmission,industry self-discipline,especial conditions involved and system design with Chinese characteristics,therefore indicating the necessary content of legal framework in connection with data protection in China.At the meantime,it confirms the legislative attitude our country shall adopt to big data,that is,the big data shall be restricted with reasons,but also shall be encouraged by leaving some space in national legislation.