Research On The Legal Protection Mode Of Personal Data Under The Background Of Big Data

In the era of big data,the value of personal data is prominent,but controversy also arises.This paper aims at solving the problems arising from the protection and utilization of personal data from the perspective of law.Full-text looks at the dynamic utilization process of personal data,trying to clear its boundary of using,and explore a set of full legal protection mode of personal data in different stages and different areas.It provides a more effective way for protection of personal data,maintain the legal rights and interests of data subject and data controller and standardizing the relevant behavior for legislation and judicial practice.First of all,the first chapter finds out about many problems of the personal data protection and utilization which is needed to be solved from the Case between Sina Microblog v.Maimai.on this basis,due to the personal data belonging to new things,this article start with the basic concept and basic theory to make clear definition of the research object and distinguish with other concepts.In addition,This paper analyzes the main body in the process of personal data utilization and its legal relation and state my point of view.Next,in the second chapter,this paper sorts out the current laws and regulations related to personal data protection in China,and finds out the problems and shortcomings.In chapter 3,this paper analyzes the advanced experience of data protection in the European Union,the United States and Japan,and draws on the practical situation of China to reference.Finally,based on the above research,this paper attempts to construct a set of legal protection mode of personal data in China.In the end,this paper proposes to establish a unified legislation for the protection of personal data in combination with the practical situation of domestic and outside related legal experience.The unified legislation will define the principles and rules for the use of personal data.On the basis of protecting personal privacy and "right of personal information”,we can further promote the effective and reasonable use of personal data and ensure a benign and orderly development of the big data industry.In addition,this paper also proposed to some related suggestions about strengthening external supervision and industry self-discipline,introducing personal data protection certification system and implement public interest litigation.