The Legal Protection Of Interest Of Network User In The Era Of Big Data

In the era of the big data,the way of information presentation and circulation has long been divorced from traditional linear propagation mode,and diffused outward in a way close to fission through the application of new data analysis and collection technologies.Diversity and sharing has become the theme of the times.Everyone has mobile devices such as mobile phones and computers,which can directly make us to be the creator and disseminator of information.The monitoring equipment exists everywhere in our life,was built in each location,information reading function of the application software,and A large amount of data information on cloud storage,through our online behavior,which always records each act and move per person in the real world,it is no exaggeration to say that a monitoring system has been unable to escape through the Internet and quietly rolled out big data technology.Attached to each of the data information on the Internet,it have a direct connection with the specific interests of the information subject,content and the information capacity,we call it as the interest of user's data,in which the unique nature of the right of personality and commercial value of the property,have already gone beyond the traditional personality right,which can be covered by the scope of interest,right of privacy,right of name,reputation and other personal right is a specific regulation to protect the interests of personality rights created in the traditional era.While the right of personality is continuously expanding with the development of the right category,the traditional means of protecting the right of personality,nowdays,far unable to meet the needs of the interests of the protection of user data,especially in contrast to the user data and privacy interests,it can be clearly found in the civil law of our country in the context of the narrow sense of privacy,the right can not cover the protection of non-secret but identifiable data information.Therefore,it is an inevitable requirement for the protection of personal personality in the era of big data to establish the legal protection means of user's interest as soon as possible.Indeed,article 111 of the?General Rules of the Civil Law Of the People's Republic Of China?refers to the protection of the interests of the user data to a certain extent,the legal foundation,but lawgivers cautious on the representation,which can be seen that the establishment of the right of personal information in the true sense does not have legal and technical basis of mature.To spread the interest of the user data,it shall establish a complete,careful and operable system which includes the scope of protection,rights,tort liability and other aspects,otherwise,the general principles of civil law provisions can only be an empty legal declaration.Therefore,baesd on clarifying the unique attributes of the interests of data as well as the essential differences between it and the right of privacy,the writer discusses the necessity of special legislation to protect the interests of the user,and also draws lessons from the legislative experience from Europe and the United States,providing suggestions for the legal construction of China to protect the interests of the user.