Legislative Perfection Of Personal Data Collection

In the big data era,the exponential growth of personal data and the rapid development of data mining technology makes the data security become a big problem.According to the statistical report on the development of the thirty-ninth China Internet Network,the scale of Internet users in China reached 731 million in 2016.70.5%of the users encountered network security events and 32.9%of the users'personal data are leaked out.In the face of increasingly serious personal data being illegally collected,tampered and abused,countries have accelerated the legislative pace of personal data protection.The personal data acquisition is the most important area in data protection.Personal data acquisition can be divided into data acquisition based on public authority and data acquisition that is not based on public authority.Data acquisition,which is not based on public authority,is the high incidence area of personal data security events because of the large number of subjects and the uneven awareness of the law.Therefore,how to build an individual data collection system which is not based on public authority has become the main task at present.The text part of this article is divided into four parts.The first part defines the concept of data,personal data,data acquisition,data control and data subject concept,lay the foundation for the following parts;The second part elaborates on the current situation of China's system and the main problems existing,so as to improve the key points of the personal data collection system;The third part introduces the personal data collection system of the European Union and the United States from the perspective of comparative law,and puts forward the enlightenment to the perfection of our personal data collection system;The fourth part combines with the European Union and the United States as well as our country actual situation,proposed to"promote the rational use of personal data" the value orientation of legislation,clearing the basic principles of personal data acquisition system,building the market access of personal data collection,perfecting the data subject's consent,and clearing the sensitivity of the data controller evaluation obligations.