The Balance Of Rights On Protecting Users' Data In The Big Data Era

The arrival of the big data era changes the use of users' data,and large-scale use of users' data brings a new legal issue to the interests protection of the related subjects.It will be a difficult problem that should be soloved to make a legal balance for the problem of imbalance on users' interests in the process of users' date flowing.The thesis deply analyzes the data imbalance problem among the related subjects in different data using stages.Based on the current situation of our country's legal system,the thesis proposes some legislative proposals for the imbalance of users' data intersets in big data era,trying to make a contribution to the development of the digital economy.The thesis can be divided into the following three parts:The first part introduces the challenge of users' data's protection in the big data era.The scope of the users' data is more bigger,the value has improved,the number of electraonic data is also growing,and the structure and the risk of privacy have also changed.As a result,the interests among the users,the data collectors,the data processors,and the data users are unbalanced.The second part analyzes the reasons of the imbalance among the user and the related subjects.The protection mode of users' data in our country is similar to the ontological mode which is represented by the European Union,but not as strict as the European Union.It is different from the pragmatism mode which is represented by United States.Then the thesis proposes that our country's law does not currently clearly recognize the user's property rights to their data.Moreover,the traditional principles of the inform consent and the purpose limit,have also hinderd the dig of user data's value and the development of the social economic.The third part makes recommendations for the imbalance problem of user data interests in big data era.In orde to achieve the protection of user data interests in the balance of rights,The thesis considers that our legislature should insist on the legislative concept on the protection and utilization of user data interests.Besides,it should actively build some specific legal institutions,such as to make the negative consent as the main way of consent,to allow the personal data to be used twice,to ensure the participation of the data subject,and to establish personal data property rights.