The Civil Law Protection Of Personal Data Rights Under The Big Data Environment

The modern society has already entered into the era of big data,when the development and utilization of data has become the “gold mine” to promote wealth creation and social development.The most direct source of big data is from personal data,which containing lots of private interests.However,due to the norm lag,civil disputes and criminal cases caused by the violation of personal data could be frequently seen,and cases like website database reveal and telecommunication frauds surged in recent years.Therefore,in order to protect the legal rights of personal data user and enable them to obtain the due benefits in data utilization,and realize the lawful and efficient use of data,we must establish and improve the system of personal data rights.But for a long time,as reasons of large span in disciplines and short attention time of data utilization in our country,there are disputes in characteristics,legal attribute and protection methods of personal data rights.After careful analysis of personal data rights,it can be found that the existence of personal interests means that it's a kind of personality rights,which deserved to be accepted by the legal system of personality rights,and meanwhile it is acknowledged that their personality rights attribute give consideration to the property attribute of personal data,so as to realize the property interests of personal data users.According to this law attribute,to realize the protection of personal data rights,it is also required to take the need of data utilization into consideration,so as to achieve the win-win result of protection and development.