The Legislative Protection Of Personal Information In The Era Of Big Data

Human beings began to enter into the information society after agricultural society and industrial society.Nowadays,we have entered the era of Big Data with the advancement of internet.Along with the advanced network technology and smart phone technology,information processing,storage and transmission have experienced significant transformations.While promoting the development of the society and bringing new opportunities to people,the Big Data has posed unprecedented challenges such as legal protection of personal information.On the one hand,personal information has become an emerging resource and seen as having an attribute of fortune;on the other hand,the desire to obtain personal information has significantly expanded,causing the violation of personal information security of citizens.As a result,it is imminent to establish a specialized legislation to fully protect personal information.Personal information legislation protection has been the focus of public attention and heated discussions.However,China had relatively weak legislation or standards of personal information protection.Current state of the lack of centralization and specialization,weak public awareness of personal information protection,and legislative level disconnection with the information society,has called for an imperative to establish a specialized law to provide the appropriate protection for personal information and provide guidance on using information.This article will primarily focus on this area.This article discusses the legislative protection of personal information in the era of big data.There are five sections in this article.The first section introduces how the idea of this article stemmed from the NPC and CPPCC in 2016,the methodologies applied,including empirical method,standardized method and comparative research.The second section clarifies the definition of personal information in the era of big data,the legal boundaries of the right of personal information,and the necessity of legal protection of personal information.The third section analyzes the current situation,existing problems and consequences of the current personal information protection in China from three different levels-individual,social and national.The fourth section examines the current standard terms about personal information protection in China,covers three aspects of the laws-administrative,regulations,the judicial interpretation,and then analyzes the gaps and shortcomings of the current legislation,based on the experience of the legislation protection from other countries.The fifth part addresses China's current economic and social situations,and personal information legislation situations,sets forward the recommendations for establishing the principles of legislation of personal information,setting up the framework for the legislation of personal information protection in China,based on the "Personal Information Protection Law" and the "Privacy Law",improving the regulations in the existing law system and setting up a dedicated agency for personal information regulation and protection.