Research On The Legal Protection Of Personal Information In The Context Of Big Data

Research on legal protection of personal information is along with information,data and other contemporary issues.Big data with its precise,personal business service model,to bring great convenience to the public;Personal information can also be placed in "indiscriminate collection,out of range of use,information and data traffic,the dangerous situation.The "recognition" characteristic of personal information determines the fundamental rights in the Constitution and the scope of specific personality right in civil law.Human dignity and the protection of human rights theory,which takes the "self-expression" as the core of the right to self-determination information theory and double-level limit theory provide theoretical basis for the information protection.Under the background of big data,the demand of social development to the information and the public appeal to personal information protection form a contrast,which reflects the urgency of the civil law protection of information from the realistic level.On the legal level,the protection of personal information system of legal norm present disorders,poor operability,low level of effectiveness of the adverse situation.Although personal information has been into the criminal offense,but the subject of crime is too narrow,the scope of protection is small,it has limited protective effect of personal information."Civil Law","Tort Liability Act," No personal information or the right to create the right interpretation,resulting in the phenomenon of personal information on a vacant civil legal protection,the impact of multi-sectoral law system to protect personal information right.Vulnerability attitude on administrative protection,supervision sick,resulting in the lack of supervision of administrative protection of personal information.Moreover,in the face of the options of the maximization of the interests of self-regulation,the practice of weakening the role of industries which directly affect the formation of the self-regulatory mechanisms to protect personal information.Investigate the provisions of extra territorial legal protection provisions,the macro level is reflected in the protection of the rights of Basic Law,specific information(data)legislation to protect the human dignity and the value options between freedom of information and so on,like micro level reflected in the setting of personal information protection mechanism,principles and rules of the guidelines,and multi-channel information on relief channels and so on,these are the places that China should learn from.It will be conductive to protection of criminal law to expand the scope of the crime to the general subject,to protect the crime of illegal collection,and to increase the sentence and the refinement of the sentencing.Identify the concept of personal information(or information)in the "Civil·General Civil Code" and the privacy of right and personal information rights clearly defined in "Civil Code·moral rights".In The object,content,protection of the difference between the two provisions of the distinction between the two,the realization of the comprehensive protection of rights of the specific personality.Make "Personal Information Protection Law," the provisions of the Personal Information Protection of legal,legitimate and necessary principles,clarity of purpose,restrict collection,such as prohibition rules,the specific rights,protection,relief channels and so on.Establish regulatory accountability,set up "China personal Information Protection supervision and management committee” and clarify its responsibilities and rights,strengthen internal supervision,improve the regulatory standards in order to reverse the situation of administrative supervision.Emphasize on corporate internal and industry self-regulatory mechanism complementary self-regulatory mechanism,the formation of industry self-regulation self-driven to promote the development of the good momentum of the enterprise.Strengthen information data research and technology to prevent,to realization of protection of personal information.