Legislative Protection Of Personal Information Rights In The Era Of Big Date

Through the ages,the personal information has been collected,processed,utilized and transmitted at different levels.In the age of the internet and information technology that have not yet been developed and generalized,the personal information protection method is relatively simple,as long as set the corresponding legal rules,the necessary physical and personnel control,can largely eliminate the abuse of information.Therefore,the protection of personal information will not be a problem in future.However,with the rapid development of information technology,the popularity of mobile internet and the arrival of the era during big data,during the data collection,data integration and fusion,data analysis and mining of the entire data life cycle,the unlimited information collection,information mining,information abuse and information infringement always occur.The strong data processing ability and the widespread infringement on personal information make the voice of protecting personal information rising day by day.This article is mainly divided into five parts: the first part mainly discusses the risks faced by personal information in the era of big data.At first,the origin of big data is introduced.Secondly,it introduces the characteristics of big data era.Its main characteristics are extensiveness,openness and dynamics.Thirdly,it mainly explains the operation mode of big data.Finally,the risks faced by personal information in the big data era are introduced,including excessive collection,improper utilization,improper storage and processing,and leakage of personal information.The second part introduces the right of personal information and the necessity for its protection.At present,in order to protect the personal information in China,we must establish the legal system of personal information protection and clarify the right of personal information.First of all,it introduces the right of personal information,mainly discusses the right of personal information from the nature,content,and the difference between the right of personal information and other relevant rights.Secondly,it discusses the protection of personal information that is conducive to protect the civil rights,promote economic development,maintain social stability,and promote the long-term stability of the country.The third part analyzes the current personal information rights of China’s relevant legislation summary,now the relevant legislation is in a decentralized state.So it is difficult to balance the contradiction between the use of personal information and the protection of personal information.The in-completion of legal system,the lack of consistency and coordination of the legislation,the imperfect content of personal information rights recognized and protected by the law,and the low quality of the relevant laws and regulations that make the law become very difficult to operate in practice.After the information subjects are damaged,the relief measures are also not perfect.The fourth part discusses the legislative protection of personal information right in foreign countries and its enlightenment to China.This paper mainly introduces the legislative situation of personal information protection in EU,USA and Japan.The EU adopts a unified legislative model,and the United States adopts a decentralized legislative model combined with industry self-discipline.Japan has both uniform legislation and industry self-regulation.By combing the current situation of foreign legislation,China should learn from its advanced experience and seek a suitable legislative model to protect the right to personal information.The fifth part put forward the legislative improvement measures about the personal information right protection in China.First of all,we should update the legislative concept,balance the contradiction between economic development and the protection of personal information rights,establish the basic protection principles of personal information rights,and choose the appropriate legislative models that are suitable for China’s national conditions.Secondly,the right of personal information should be defined from the law,then the legal system of personal information protection should be improved,the quality of legislation should be improved,and the ways of legal remedy should be increased.In the era of big data,the security of personal information is facing many challenges.In order to protect personal information comprehensively,we must standardize the activities of handling and using personal information,clarify the protection of personal information rights,construct and perfect the legal system in the field of personal information protection with advanced legislative ideas,establish specific relevant systems,realize the common development of personal information utilization and personal information protection,and guarantee the dignity and freedom of citizens.