Reconstruct The Concept Of Personal Information According To Identifiability

Actually,big data is a dynamic description of the phenomenon that collect,process and use the multi-source and massive data.The most valuable data is the personal data that contain personal information.In transportation,health care,health employment,social security and other fields,data is always about people.Today,there is a trouble issue that how to balance the protection of personal information and freedom of information.The best way is to creat a clear definition of personal information so that we can solve issue.EU and USA both to define the concept according to identifiability,which means identifiability decide the personal information.< Internet Security Law of the People 's Republic of China > will comes into force soon,but it doesn't pay much attention to the description and interpretation of identification.How to understand and define the identification of personal information will be a tough job,but it has a very important significance for the application of rights and obligations.The understanding and adjustment of existing new affairs should not be rigidly adhered to a single concept,but rather pay attention to the legal senses behind it.The concept of personal information is distinguished from the existing system of civil law.Compared with right to privacy,the theory of legal interests can explain the concept of personal information well in a new insight and can be accepted easily.Legal interest is affected by the identifiability of information.The identification of information itself is not terrible,the most important things are the legal interestsof a individual in the identification,including security interest,privacy interests,interests of interests,interestsof autonomy.The definition of personal information is all information regarding a person.The "identifier" play a most vital role,which can determine the nature of the entire collection of information.The subdivision of the identifier can be found.Due to the nature of identifier,it is divided into R-identifiability and L-identifiability.The difference is up to behavior of the person in the processing of information.In view of the current main legislative model,no one can deal the corresponding limitation well,no one is aware of the risks of identified that is determined by the specific behavior.Some scholars based on management of risk,have Advocated a classification of risks of identification : identified data,identifiable data and unidentifiable data.It can be found that the protection of personal information balance legal feasibility and necessity well.when the R-identifier of the personal information is applicable to the role of the law,from the perspective of risks of identification risk can make up for the problemthat identifier still can not resolved,which can build the overall system of personal information.