On The Legal Protection Of Personal Location Information In The Network Age

In the age of net,personal information is from the simple natural identity identification information into resources,which involve big value in the location information of improper jumps,frequent leak phenomenon,illegal acquisition behavior using condition probability increases.With big data arising from the application software related to the high liquidity and for highly dependent on the Internet information system,it is not just a system of personal information protection in China and information applications market order proposed the new challenge.The protection of location information is a comprehensive legal problem,which needs the support of traditional civil law theory and the regulation of economic law and other departments.Within the framework of traditional law,the basic level of personal information protection legislation it is particularly important to build,thus,personal information has been as a protected the privacy of personal information,scholars have drawn up the personal information protection act,but there was no formal review and issued.For the location information is due to personal information concept,whether in the legislation of personal information protection at the same time,the location information for approval and shall be protected is the direction in this paper.If the legal attribute of location information is not clearly defined,how to solve the problem will not be able to be solved in future disputes arising from location information.In a word,how to realize the legal protection of position information in legislative mode,system design and right determination is the focus of this paper.The first part explains the main concepts of this thesis.Starting from the definition and basic theory of big data and personal information,firstly,the concept of personal information and the relationship between personal information and personal privacy(privacy)are clarified.Then,according to the current actual situation,analyzes the concept and characteristics of the location information,introduces the use of personal location information era of big data model and its utilization value,and clarify the position information and personal information,location information and the relationship between the individual privacy.The second part,the importance of personal information protection and the status of domestic legislation.First of all,the goal of difficulty,importance and necessity legal protection of location information are explained.In the age of big data,it is necessary to protect location information with legal methods.Second,the part ofChinese current legislation concerning the protection of location information is sorted out,which indicates that the protection of location information in Chinese law is far from enough.The third part introduces the foreign legislation on location information protection.First,just the two of the world within the scope of the typical legislation mode(represented by the United States "dispersive lawmaking mode" and "unified legislation mode" represented by Germany)is introduced and compared,and pointed out that under a "unified legislation mode" state for personal information protection is stronger,but the lack of flexibility,partly or hinder the development of the information market;The "decentralized legislative model" has a high degree of flexibility,but it has the bottleneck of legislative coordination and the level of effectiveness.Secondly,combining with the background of big data,we can analyze two kinds of legislative models.The fourth part is the conception of the legal protection of personal location information in the Internet age.Firstly,the legal attribute of location information should be clearly defined in the legislation,and the content and boundary of the legal protection of personal location information;Secondly,the author puts forward some Suggestions on improving the legal protection of personal location information according to the present situation of legislation in China.