Analysis Of The Path Of Privacy And Personal Information Rights Protection In The Era Of Big Data

As the product of the development of science and technology in the 21 st century,big data has obviously brought different influences into various fields of the contemporary society.While enjoying the convenience brought by the rapid development of science and technology,we are facing various problems and troubles,especially the problem about the protection of individual privacy and information.With the promotion by technologies such as computer,the delivery of information has experienced face-to-face communication,diffusion of paper media and datamation of information,resulting that the forms and contents of privacy are plentiful and abundant.Especially,individual information,as the object of traditional privacy,has become the key part of privacy protection.The advent of big data age is firstly derived from the continuous development of science and technology.Taking the new generation of science and technology like cloud computing,mobile internet and e-commerce as information,datamation has provided technological support.Based on that,individual commercial institutions and government departments are actively collecting and utilizing data in order for more economic benefits and efficient social management,respectively.Despite of that,everybody consciously or unconsciously reveals personal privacy and information more or less.The essence and content of privacy right has changed,and the status of personal information has been growing generally.Traditional theory of privacy right focuses on the tranquility and secret of personal life.In the era of big data,however,the communication and control of information is inevitably more important.The communication of information can not only increase economic benefits for commercial institutions,but also lay a foundation for government to exercise state power,which enables individual information to possess property value.It is not static and defensive state anymore,but requires active interaction and communication.Traditional theory of privacy right cannot meet the needs of the development of contemporary age.Nevertheless,the advent of big data age has also brought negative influences.Information collecting by ubiquitous network monitors and commercial institutions makes individuals become “transparent man”.Our privacy are exposed,individual information are revealed and unreasonably used,and individual right are violated continuously.For the protection of privacy and individual information,nations take measures based on their own theories and conditions.Emphasizing the political attribute and social value of privacy and individual information,European Union takes unified legislation model to protect them established on right to information selfdetermination.The United States combines multi-legislation and industry autonomy to protect privacy and individual information based on theories of privacy,focusing on their economic attribute and personal value.Since the eighties of 20 th century,China has focused on privacy right.The enactment of civil code in 2017 gave independent status of civil right to privacy,and individual information is protected as a part of object of privacy right,which is an important progress in the protection of privacy and individual information.Due to the requirements of development of big data age,however,privacy and individual information distinguish from each other more and more.Privacy requires better confidentiality,while individual information needs more interactions.Only if they are two independent civil rights can they be protected well.