Legal Protection Of Personal Information In The Context Of Big Data Technology

The booming of big data technology has provided a new engine for social and economic development.However,when people enjoy the dividends brought about by the development of big data technology,how to protect personal information under the background of big data technology has become a legal problem that needs to be resolved.The development of the big data industry calls for the open sharing of personal information,and the information subject expects that the law can protect its personal information.This contradiction is a practical problem that lawmakers must face.The main point of defining the personal information is recognition theory,but the theory of recognition ability that further reduces the connotation of the identification theory is impacting its "orthodox status".In the context of big data technology,personal information presents new features that are different from the past,namely,identifiability,non-exclusivity,information sharing,economic value,and interest complexity.China's current laws and regulations system There are already many articles concerning the protection of personal information,but overall it also appears to be fragmented and unsystematic.After discussing several personal information protection theories in the current academic circles,we found that the method of protecting personal information as a public good is an innovative solution.This theory combines the characteristics of personal information in the context of big data technology to characterize personal information.For public goods,private rights protection paths are abandoned,and public power and social supervision try to promote the formation of a new social information sharing order.Based on the protection theory of personal information and public goods,combined with the analysis of China's specific national conditions,China's protection of personal information under the background of big data technology should adopt a protection model based on legislative protection and supplemented by industry self-regulation.In the process of legislation,attention should be paid to safeguarding public interests and national security.Attention must be paid to the boundaries and co-operation between the protection of personal information and the right to privacy and the protection of property rights,and the promotion of personal information sharing and the use and cooperation of international personal information.In the process of establishing an industry self-regulatory system,it is necessary to explore the establishment of industry self-regulatory organizations,formulate practical and feasible industry self-regulation conventions,and try to establish a personal information security certification system.