Research On Personal Information Protection Under Big Data

Personal information is the carrier of personal identity,basic information and privacy.Personal information is related to the personal and property security of the information subject,as well as the basic rights of citizens such as personal dignity.The protection of personal information has a long history.In the age of underdeveloped Internet,there was less personal information,and data storage costs were higher,the efficiency of information transmission was low,and the protection of personal information was relatively simple.If we establish relevant legal system,restrict the collection and use of personal information,control the dissemination and circulation of information,we can narrow the scope of the mastery of citizens' personal information,the maximum to avoid the abuse of personal information.However,with the rapid development of information technology and the popularization of smart mobile terminals,mobile application software has mushroomed,information data has increased sharply,and the era of big data is coming.In the era of big data,every Internet user are the data generator,and every time users use the Internet,they are generating data.The surge in information data has created conditions for data analysis.Internet companies through the data mining and analysis,to predict flu outbreaks,can analyze the consumer economy,health,the results of the analysis for the enterprise marketing,decision provides a lot of help,big data contains enormous value paid great attention by people gradually.In order to obtain huge commercial profits,Internet companies unlimitedly excavate information,abuse information,and use big data analysis results to infringe consumers' rights and interests.If we do not regulate the analysis of big data and allow its barbarous development,it will ultimately harm the interests of the whole society and the future of big data.Therefore,this article mainly discusses in the new environment,should be how to deal with technical progress and economic development of the Internet brings a new challenge,how should adjust and perfect the existing personal information protection system to cope with personal information protection of new era of big data challenge.Under the framework of the network security law,this paper puts forward the concrete idea of personal information protection system.The first chapter of this paper defines the relevant concepts of personal information under big data,including the basic concepts,basic features of big data and the basic connotation of personal information rights.In the second chapter,weanalyze the main problems of personal information protection in China.First,the personal information legislation system in China is still imperfect.Second,in the existing system of personal information protection,there are only rules of principle and no specific system design,personal information lack of legal protection.Third,China's citizens lack awareness of personal information protection,and the source of leakage of a large amount of personal information is the citizens themselves.When citizens' personal information is leaked and their lawful rights and interests are infringed upon,they do not protect their lawful rights and interests by legal means.In the third chapter,this paper compares and studies two different legislative models and practical experiences of personal information protection in Europe and the United States.In recent years,the frequent reform of personal information protection legislation in the European Union and the United States indicates that the development of big data forecasting has brought impact to the personal information protection framework of all countries in the world.The legislative reform in Europe and the United States mainly focuses on the strengthening of the rights of information subjects,the enhancement of the requirements of privacy agreements,and the addition of the right of information subjects to be forgotten.The right to oblivion has also been confirmed in European judicial practice.While strengthening the protection of the rights of information subjects,this round of legislation reform of personal information protection also pays more attention to the balance between the rights of citizens' personal information and the commercial interests of Internet companies.Based on the study of the comparative law of personal information protection in Europe and the United States,this paper summarizes the beneficial experience of the legislative practice in Europe and the United States on the legislation of personal information protection in China.In the fourth chapter,the author puts forward some Suggestions on the improvement of personal information protection system in China.First,regarding the network real-name system,the author firstly the network real-name system for Internet space administrative benefits,but also it must be pointed out that the network real-name system to increase the risk of exposure to any user identity and personal information.In order to solve this problem,the author creatively proposed the network isolation wall system,which separated the information about the real personal identity from the information about the users' network behavior.Second,when using personal information,Internet service providers need to anonymously process the information and limit the purpose of the information.The conclusions of big data analysis shall not be used for the purpose of infringing the rights and interests of users and consumers.Third,the modification and supplement of the terms of the privacy agreement.The form of privacy protocol has the advantages of simplicity and fast,but it also has the disadvantage of insufficient validity.Therefore,the terms of the privacy agreement concerning the content of personal information collection,the way of collection and the purpose of use must be clearly and specifically emphasized to ensure users' informed consent.Fourthly,the author analyzes and demonstrates the necessity and feasibility of the right to be forgotten in China,and suggests that Chinashould increase the right to be forgotten by information subjects.