The Perfection Of The Legal Protection Of Citizen's Personal Data Security In China

The public pay much more attention to big data since its emergence,and the application of related techniques such as data mining,data analysis,etc.affects almost everyone?s life.The influence is not only benefits and opportunities but also problems about the security of personal data.Personal data is one of the raw materials of big data,its security is closely related to everyone,not only involves the interests of an individual's personality,property,moreover will involve individual?s life and health security.In the west,the discussion of how to carry on the personal data protection has a long history,and moreover,a new round of research and discussion is ongoing.For example,in order to perfect Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data,EU passed General Data Protection Regulation in 2015.And HongKong has been paying attention to consummate Personal Data(Privacy)Ordinance(Chapter 486).In China,things are getting worse such as harassing phone calls,telecom fraud,and over-exposure of privacy etc.which violate citizens? personal and property rights.In order to protect the security of personal data,many people assert that we should make personal data protection law to regulate behaviors of data collectors,processors and users,which are relating to personal data.So problems appeal to the author: is it necessary to make a new law to protect the security of personal data in our country ? What should we do?With the above problems,the author started writing the paper.Firstly,overview on the security of the personal data.At first,interprets the meaning of personal data and related terms such as personal information and privacy.The reason that the author use the term “Personal data” in this paper is that in my opinion,personal data is always relating to message techniques,so in the age of big data,“personal data” is more reasonable than “personal information” as the object of its legal protection.Based on this view,I expound the meaning of the personal data security.Secondly,I introduce how the problem of legal protection of personal data security arises through illustration the valid application and abuse of personal data.That is when personal data is used properly,crank call,junk SMS,human-flesh searches etc,such problems threaten our personal rights and property safety.Lastly,through the analysis of the misuse and proper application of personal data,explain that different subjects? interest appeal is conflicting: general people demand enhance the legal protection of personal data for they may suffer personal,property harm because of abuse of personal data,while governments and commercial institutions demand enhance the use of personal data for the potential value of the personal data.Thus,in order to balance these two appeals,we need to do something such as make a special law.So,we can ensure the security of personal data when exploit it.And the problem of legal protection of personal data has arisen.Then,analysis of present legal protection of personal data in China.This is one of the highlights of this paper.I illustrate how these articles of law which could protect the security of personal data directly and indirectly to show the present situation and problems of the legal protection of personal data more intuitively.In my view,main problems of legal protection of personal data are as follows: the "concealment" of legal provisions and the one-sidedness of legal norms and unified supervision?s vacancy.At last,suggestions to perfect legal protection of personal data.Firstly,we could affirm that “Personal Data Protection Act” is an independent branch of law and make effort to promote the formulation of it.At the same time,we could also pay attention to self-discipline organization and promote the construction of self-discipline platform.Secondly,considered that there?s no unified regulator to supervise the legal protection of personal data in China,we could set up a special regulator to do this work.And this regulator should strengthen the supervision of the collection,storage and use of personal data at initial stage after its setting-up.Again,in view of the difficulty of legal remedy in personal data tort,we could redistribute burden of proof to insure that individuals could maintain their own rights and interests.