Study On Legal System Of Civil Privacy Protection In The Big Data Era

The term big data,which has just emerged in recent years,refers to a kind of information assets,and it can be used in various fields through the integration and analysis.In the big data era,many enterprises successfully develop precise marketing strategies by analyzing user data.These strategies not only benefit ordinary citizens,but also improve companies' profitability considerably.Under such conditions,however,exists potential privacy risk.In the big data era,a lot of data,including online viewing trace and location information of internet users,may be collected by many enterprises.They may make secondary use of such data and push advertising to users,and sell such data to other enterprises,causing great threat to the privacy of citizens.In this thesis,the author,combining with the background in the big data era,conducts an in-depth analysis on the characteristics of infringement on civil privacy,finds out specific problems regarding legal protection of civil privacy in China,and puts forward specific recommendations for the improvement of legal system for civil privacy protection in China through learning from two different types of legal system for privacy protection in Europe Union and United States.The thesis is composed of seven chapters:The first chapter is general introduction,including an overview on the research significance and research status of the legal system of privacy protection in the big data era.This chapter also expounds the research ideas and methods,key problems that need to be solved and the innovation of the study.The second chapter is the general interpretation of big data and privacy.This chapter mainly introduces the concept and characteristics of big data,the concept and content of privacy,and the relationship between big data and privacy.This chapter aims to clear concept to establish theoretical basis.The third chapter mainly introduces the main characteristics of the act of infringing privacy in the big data era.The subject,act and consequence of infringement are expounded,which reveals that enterprises' collecting users' data without permission can be a great threat to the right of privacy.Besides,it causes the leakage of users' information if enterprises sell the data to other enterprises.The forth chapter is to expound the present state and problems of legal system of civil privacy protection in China.Problems demonstrate in following six aspects: the lack of Constitution in protecting privacy,the lack of systematic legal system of privacy protection,the lack of clear legal definition in the scope of privacy,the lack of effective sanctions,the lack of guidance and management of industry self-discipline,and the lack of powerful regulators.The fifth chapter is comparison between the legal system of privacy protection in Europe and that in United States,which provides reference for improving the legal system of privacy protection in the big data era in China.The sixth chapter gives specific suggestion for improving the legal system of civil privacy protection in the big data era.This chapter mainly clarifies the status of privacy in the Constitution,makes legislation for privacy protection,defines the scope of individual privacy of citizens,formulates specific and strict legal sanction measures,strengthens the guiding and management of self-discipline of the industry,and establishes a dedicated data regulation organization.The seventh chapter is the conclusion.The future of big data industry is prospected in this chapter based on the summary of the thesis for the healthy and sustainable development of Chinese big data industry.