The Perfection Of Civil Relief About Privacy Right Under Big Data

The arrival of the big data era reshaped the new engine of economic development,opened a new model of social life,but the privacy of individuals has been a serious threat and infringement.Legal collection,illegal use,black market transactions and other acts devoured the freedom and dignity,regulate the development of large data to protect the privacy interests of the moment is the most difficult task."There is a right to have relief'.Legal relief is a big data under the protection of the last barrier to privacy,but also to achieve personal privacy protection bottlenecks and breakthroughs.so the study of large data privacy under the legal relief is very important.The infringement of privacy rights in the era of large data shows the new characteristics of large-scale,micro-infringement,secondary infringement and infringing subject.These characteristics make it difficult to apply the existing methods of liability and legal norms to achieve full legal relief.The extraterritorial rule of law provides a useful experience in the United States.The system of prohibition and ex post facto relief in the United Kingdom is reflected in both the prohibition and the ex post facto remedy.The punitive damages system in the United States has both disciplinary and deterrent effects.The group litigation in Taiwan cracked the number of victims numerous problems.Based on the current situation of privacy protection and legislation in our country,we should urgently need special privacy legislations.At the same time,we should construct some new relief mechanism on the basis of optimizing and upgrading the existing relief system.Litigation representative system,punitive damages system,the ban system,so as to effectively give large data privacy protection under the law.Based on the consideration of privacy right infringement cases in real life,this paper finds out the unique characteristics of privacy right infringed by large data,and analyzes the current situation of relief in China.This paper makes a comparative analysis of how to remedy the privacy right under big data,and then provides some suggestions on how to perfect the civil remedy of privacy under big data.The paper is divided into four parts:The first part is about the privacy of large data under the understanding.This paper defines the concept of large data privacy right,analyzes the attribute of external data and intrinsic value of privacy under big data and summarizes five common manifestations of privacy right infringement in data age,data integration,monitoring,Collection,trading,disclosure is the risk of privacy risk induced high link.Then get the infringing characteristics of infringing privacy right.The second part is the current situation and problems of the relief of privacy right under the big data in our country.We find that the situation of relief in our country is not optimistic,there are some problems such as ex post facto relief,relief means,relief standard is not specific and new relief mechanism is lacking.The third part is the investigation of privacy remedy system under the extraterritorial data.Systematically combing the existing legal systems in the EU,Germany,UK,USA and Taiwan,and compared and analyzed their relevant norms,thus forming the inspiration for our legislation.China needs a privacy law and an important legal status of privacy,the need to expand the relief channels and enhance relief,but also need to explore new relief mechanisms to meet the needs of the development of the times.The fourth part is to improve' the privacy of large data under the recommendations of relief.This paper puts forward that our country's legislation should be based on elaboration and filling of the existing remedies,and then constructs the new relief system,such as the representative system of the litigation,the system of punitive damages and the injunction,how to construct the new relief system.The characteristics of this article is based on the social data in the large number of violations of privacy reports,case judgments and statistical data.The article analysis large data infringement of the typical characteristics of privacy-large-scale,micro-infringement,dynamic infringement,which is the difficulty of realizing the civil remedy for privacy.Through this argument,this paper puts forward a new relief system to construct injunctive relief,representative litigation,platform reporting and freezing relief,so as to perfect the infringement of privacy under large data Civil relief system to protect personal privacy rights.