Research On The Protection Of Personal Information Rights Under The Background Of Big Data

Under the background of big data,the development of the network has facilitated all aspects of people,and it also has a profound impact on the protection of personal information rights.At present,the development of information technology is rapid,economic globalization is gradually deepening,and the value of personal information is increasingly prominent.Since the civil law protection of personal information rights has not kept pace with the development of the times,cases of infringement of personal information rights have occurred from time to time.Compared with the more mature personal information protection legislation and related systems developed in the West,there is no special legislation on personal information in our country at present,and the related protection system is also extremely scarce.How to protect personal information has become one of the problems that civil legislation in our country can not be ignored.The General Provisions of the Civil Law was formally adopted on March 15,2017.The content of Article 111 is related to the protection of personal information.This is the first time that China has put the right to personal information into the perspective of the civil basic law.Although the general rule of civil law makes clear the status of personal information right,the legal protection of personal information right in China still has problems such as the lack of civil law protection principle,the lack of systematic legislation,the limited remedy method,and the slow updating of the law.In view of this,this paper tries to protect the right of personal information from the background of large data,analyzes the shortcomings of the current civil law protection,and then puts forward corresponding measures to improve it.The article is divided into the following parts:The first part is an overview of personal information rights in the big data age.It mainly explains the definition of big data,and clarifies the connotation and characteristics of big data.Analyze the concept of personal information right;This paper introduces the typical risks to personal information rights in the age of big data.The second part,the current situation and existing problems of the civil law protection of personal information right in the big data age.This paper mainly introduces the legislation status of civil law protection in the big data era and the shortcomings of the current civil law protection of personal information rights.The third part,the analysis and enlightenment of the status quo of the legal protection of the right of personal information outside the territory.This part summarizes and analyzes the provisions on the protection and binding of personal information rights in extraterritorial laws,and draws from them what we can learn from it,so as to help China's relevant laws to improve.The last part,from four aspects,discusses the improvement of China's personal information rights of the civil law protection path.On the basis of the shortcomings pointed out above and the experience of the outside world,four measures have been put forward:the establishment of a unified "personal information protection law",the strengthening of law enforcement supervision in practice,the improvement of judicial relief,and the establishment of industry self-discipline mechanisms in related industries.