Risk Regulation Research Of Personal Information Protection In The Age Of Big Data

The concept of “Risk Society” has a long history,and in recent years,the research on the government regulation of social risk has been quite rich achievements.In the past,however,scholars in the field of risk administrative law payed much attention on the regulation of social risks,such as food,medicine,environmental protection,nuclear safety and so on,the risk of personal information protection was rarely mentioned,research results were even scarce.With the rapid development of science and technology,the main risks of society have changed.In the age of big data,personal information has a more important role and value than past,once the personal information which is roundly data-orienting is violated,it will damage the interests of citizens’ property and personality,even may trigger a wide social unrest.Under the circumstance of the traditional way of personal information protection has been unable to meet the needs of big data era,this paper attempts to use the theory of risk regulation to construct a new system of personal information protection.The article is divided into four parts below:The first part: risk of personal information protection in the era of big data.First of all,the concept and characteristics of big data are analyzed,then concluded that big data as information assets with important feature of authenticity and value,paving the way of personal information’s data-orienting.Secondly,analyzing the definition and legal attribute of personal information and clarifying the difference between personal information and personal privacy,demonstrating that personal information has the dual attributes of property right and personality right,for the purpose of emphasizing the importance of the protection of personal information in the era of big data.At last,briefly analyzing the social risk and the changing of risk society.From the concept and characteristics of risk,explaining the important characteristics of uncertainty,complexity and universality of risk.At the same time,from the perspective of risk society changing,telling the main risk of society is changing.Now in the era of big data,the risk of personal information protection has gradually become a major social risk.The second part: adapting to the risk society: the rise of risk regulation.In order to cope with the risk of personal information protection in the era of big data,this part proposes the theory of risk regulation.The reason of using the principle of risk regulation to deal with social risks is based on two aspects from theory and reality.First of all,the uncertainty of risk makes a part of traditional administrative law theory which is based on the certainty of law into a dilemma.As we know,the certainty of law and the uncertainty of risk is a natural contradiction.The proportionality principle and the principle of legal reservation are all based on the certainty of law which makes they passive when regulating the social risk.Secondly,the rise of risk regulation is theoretically supported by the theory of administrative task and basic rights.Schmidt advocated the theory of administrative tasks that the government has different administrative tasks in different periods.So in the risk society,the government’s administrative task is to effectively regulate the risk.At the same time,based on the obligation of protection of basic rights theory in Germany,the state has the obligation to protect the basic rights of people.In the risk society,the basic rights of citizens are threatened by social risks,the government has an obligation to regulate risk in advance.At last,from a realistic point of view,the traditional method of risk prevention which is based on personal responsibility has been unable to meet the needs of the current risk society,the emergence of a collective risk governance model has its inevitability.The third part: traditional personal information protection and its limitations.In this part,the author discusses three typical ways of personal information protection,which are the personal information protection in current China,the personal information protection in German which is representatives of continental law countries,and the way of personal information protection in the United States which is a more developed country on the information industry.Explaining that in the era of big data,the traditional way of personal information protection are inadequate when facing the uncertainty of personal information protection risk.Therefore,it is necessary to explore a personal information protection mechanism from the perspective of risk regulation.The fourth part: construction of personal information protection mechanism from the perspective of risk regulation.This part is based on the theory of risk regulation,Combining with the risk of personal information protection in the era of big data,making a complete description of the risk regulation mechanism of personal information protection from the subject of risk regulation,personal information risk assessment,personal information risk communication and the formation of personal information risk decision.First of all,we should set up an independent and authoritative personal information protection risk regulation institution which leads the process of risk regulation.Secondly,from the particularity of the risk of personal information protection,summarizing the elements of risk assessment and forming a sketch map.Then,the author puts forward that the risk regulation institutions should actively construct the exchange platform for the protection of personal information,and promote the exchange of risk information between the relevant subjects,so as to promote the symmetry between public knowledge and expert knowledge as much as possible.Finally,in order to ensure that the information risk decision made by the risk regulatory agencies as legitimate and reasonable as possible,it’s necessary to give the public and stakeholders a wide range of rights participating the process,so as to restrict the abuse of power.