Legal Protection Of Individuals' Rights To Personal Information In The Era Of Big Data

With the development of information technology,all kinds of information is collected,processed and utilized.Information possess great value such as the economic,scientific research and the defence.While the value of information itself is increasing,the risks it faces are also increasing.In the era of big data,personal information is a new resource.We need to create a legal protection system for personal information rights at the legal level.There is no consensus on the concept of "personal information" in the Chinese academic circles at present,there is no consensus on the concept of "personal information" in the Chinese academic circles.However,the definitions given by scholars have distinguishing characteristics.That is,all individual or individual information identified through the integration analysis is a personal information.The current status of China's legal protection of personal information rights is not optimistic.There are many problems,such as lack of specific legislation,inadequate supervision of administrative law enforcement,and imperfect judicial remedy..However,the definitions given by scholars have many distinguishing characteristics.That is,all individual or individual information identified through the integration analysis is a personal information.Although there is a coincidence between personal information and privacy,personal information is not completely equivalent to privacy.Using personal information rights can better protect personal information.The current status of China's legal protection of personal information rights is not optimistic.There are many problems,such as lack of specific legislation,inadequate supervision of administrative law enforcement,and imperfect judicial remedy.We can learn from other countries about the protection of personal information in legal.In terms of legislation,the European Union has adopted a comprehensive legislative model and introduced a special law protecting personal information rights,and the United States has adopted a decentralized legislation to protect personal information rights.China can learn from the EU's Practice the development of a "Personal Information Protection Act." In terms of administrative law enforcement,we learn from the practice ofestablishing a personal information commissioner in the European Union and the establishment of the Office of the Privacy Commissioner for Personal Data in Hong Kong.An independent administrative agency is established on the basis of the existing administrative hierarchy to protect personal information rights.On the judicial front,in the distribution of burden of proof,the EU can reverse the burden of proof.In litigation methods,the US group litigation is not suitable for direct reference,and the right to personal information can be protected by adopting public interest litigation in light of the present state of the judiciary in China.