Research On Civil Law Protection Of Personal Information In The Era Of Big Data

General principles of Civil Law of the People's Republic of China(hereinafter referred to as "General principles of Civil Law")passed by the 5th session of the 12 th National people's Congress on March 15 th 2017.It is clearly stipulated that the personal information of a natural person is protected by law.Any organization or individual needs to obtain the personal information of another person.Information shall be obtained and ensured in accordance with the law and shall not be illegally collected,used,processed or transmitted,and shall not be illegally purchased or sold.Providing or publicizing the personal information of others."trying to clarify the civil law protection of personal information through the legal level.The introduction of the General principles of Civil Law provides a legal basis for the civil protection of personal information in big data's time." It is of great significance to perfect the legal system of personal information right protection in our country and to develop the civil law theory and rules in the network era.On the basis of defining personal information in big data's time and explaining the theory of civil protection of personal information,this paper analyzes the current situation of civil legislation of personal information protection in China.This paper analyzes the deficiency of the current legislation and the problems existing in practice,probes into and summarizes the enlightenment of the legislation experience of the extraterritorial personal information protection to our country,and emphatically demonstrates and puts forward some relevant suggestions for perfecting the civil law protection of personal information in our country.The following are the main contents of each chapter of the paper:The first chapter is the introduction of this paper,mainly introduces the research background and significance of the paper,research methods,research ideas and the main innovative points of the paper,focusing on the domestic and foreign related research literature combing.The second chapter is an overview of personal information and protection in big data age.This chapter defines the concept of personal information,analyzes and points out the differences between personal information and personal data,privacy,personality rights and other related concepts,summarizes the characteristics of personal information,It demonstrates and explains the theoretical basis and theoretical dilemma of the civil protection of personal information,which lays a theoretical foundation for the following researchThe chapter three is the current situation and problems of civil legislation on personal information protection in China.This chapter analyzes the current situation of civil legislation of personal information protection in China,analyzes the new form of personal information risk in big data age,and analyzes some outstanding problems in the protection of personal information in civil law.The fourth chapter is about the current situation and enlightenment of personal information protection civil legislation.This chapter mainly introduces some typical legislative models of extraterritorial personal information protection,including the American decentralized legislative model,the EU unified legislative model and the Japanese "folding Chinese" legislative model.This paper summarizes the advantages and disadvantages of the three legislative models and the enlightenment to the civil law protection of personal information in China.The chapter five is suggestions on Civil legislation of personal Information Protection in big data era.This chapter mainly puts forward some relevant suggestions on how to perfect the civil legislation of personal information protection in big data age.Firstly,it is suggested to establish a unified personal Information Protection Law,and then the following four specific legislative suggestions are proposed: clarifying the right to personal information and its scope of protection,establishing the basic principles of personal information protection;To establish the types and elements of personal information tort,and to perfect the relief ways of personal information infringement.