Research On The Protection Of Personal Information In China In The Age Of Big Data

In the era of big data,the value of personal information has been increasingly emerging.How to balance the contradiction between personal information protection and information utilization has become an unavoidable problem.Due to the differences in institutional backgrounds and value orientations,The United States,represented by industry self-regulation,and the European Union,represented by uniform legislation,responded differently to this challenge.At present,there is no special law on the protection of personal information in China and the existing laws and regulations can no longer meet the challenges posed by the era of big data.The innovation of this paper is to analyze how the United States and the EU consider the interests of both the protection of personal information and the utilization of information to determine the value goal of legislation and then restrict or exclude the rights on a concrete institution by way of the balance of interests.Based on this measure,we can balance the value conflict between the personal information security and the free circulation of information.This paper is divided into four parts to discuss.In the first part,this paper gives a brief introduction of the data and personal information.The potential value of big data motivates people to keep collecting and using personal information.After entering the information society,personal information is an emerging legal problem,which is closely related with the privacy right but different from each other.So it requires a separate legislative protection.In the second part,this paper introduces the challenges faced by personal information in the era of big data and the status quo of personal information in China.In the era of big data,personal information shown a tendency of"protection" to "Utilization",and balancing the security and the utilization of personal information becomes the challenge to the protection of personal information.In addition,given this trend,some traditional ways of protecting personal information are unable to meet the requirements of the protection and utilization of personal information at the same time.In the third part,this paper compares the protection legislation of personal information and its related regulations in the United States and the European Union and some changes made in the relevant regulations in order to balance the protection and utilization of personal information.The United States,with the representative of industry self-regulation,has expanded the definition on the scope of personal information protection.In terms of information utilization,informed-consent mode was broken and the "context" idea was introduced.The European Union,with the representative of uniform legislation,made some adjustments in the definition of the scope of personal information and informed-consent mode,but the old rules still applies and pay more attention to the protection of personal information.In the fourth 'part,this paper puts forward some suggestions to the construction of personal information protection system in our country.China should identify the value standards that giving priority to the protection of personal information security while taking into account the free flow of information.Under this value orientation,the government should formulate a uniform personal information protection law,supplemented by industry self-regulation.In the definition of the scope of personal information protection,the government should flexibly add the factors of judgment based on the existing definition of the scope of personal information.Therefore,the scope of personal information can be defined reasonably while promoting data circulation.We take the informed consent mode as the primary basis for the legitimacy of information processing and achieve the free flow of personal information through further understand of consent and some exceptional regulations.