The Realization Of Personal Information Rights Protection In The Age Of Big Data

With the rapid development of information society,people become more and more dependent on information,and the importance and status of personal information rights are becoming increasingly prominent.On the one hand,information society brings convenience to people's life,work and study,and improves work and learning efficiency.On the other hand,irregular information collection,utilization and processing seriously infringe the personal information rights and interests of the information subject.In this regard,we need to perfect the relevant legal system of protecting the right of personal information in our country,so as to protect the right of personal information of Chinese citizens to the utmost,and safeguard social information security.Therefore,this article take literature retrieval method,case analysis,comparative analysis and other research methods,to the right of personal information is defined as a starting point,combined with the background of the age of big data,explore the problems related to personal information rights and its protection.This paper is composed of the following four parts:The first part is the necessity and particularity of the protection of personal information rights in the age of big data.First of all,it defines the right of personal information in the legal sense,and explains the main theories of the legal nature of personal information rights in the theoretical field and makes comparative analysis on them.Secondly,this paper discusses the necessity of civil law protecting the right of personal information era of big data,mainly from the safeguard human dignity and freedom,and promote social and economic development,promoting national international trade and cooperation,the construction of a harmonious society and so on to analyze the necessity of protecting the right of personal information of the civil law.Finally,it discusses the particularity of the protection of the private information rights of the big data,which is mainly based on the category of infringement subject,the damage consequence and the change of the difficulty of safeguarding rights.The second part is about the legislative analysis of article 111 of general rules of civil law.In the first place,article 111 of the general principles of civil law is reviewed and analyzed mainly on the affirmation and deficiency of article 111 of general rules of civil law.Secondly,"the general civil law" the 111th of our country legislate the explore on the level of theory,aiming at problems existing in "the general civil law" the 111th of the Angle of legislation theory to think,and put forward constructive Suggestions.Finally,"the general civil law" the 111th of our country to explain to clarify on the level of theory,aiming at existing problems in the "general civil law" the 111th,based on the perspective of theory of interpretation,and then puts forward the Suggestions to solve the problem.In the third part,article 111 of the general provisions of civil law is applicable to the judicial application.Firstly,the application conditions of the protection of the civil law of personal information rights are analyzed,and the main subjects,objects and disclaimers are discussed in three aspects.Secondly,in view of personal information rights and privacy and civil law protection of phenomenon in the judicial process,mainly analyzes the concurrence of right of personal information protection path way to handle it,this paper expounds the path by which protect the right of personal information is more reasonable.Thirdly,the author demonstrates the question of the protection of the tort liability law of personal information rights,and analyzes the response of the theoretical circle to the question.Finally,the paper discusses the conflict between the public and personal information rights protection in practice.The fourth part,our country big data era personal information right civil law protection perfect suggestion.Mainly from perfecting the rules of the civil law of personal information right,clear the ground of personal information rights infringement relief,to achieve "the general civil law" article 111 and article 6 of the tort liability act of cohesion,and improving online public written judgment afterwards remedies this square in the face of personal information protection current existing problems put forward the corresponding solution.In order to protect our country's personal information right.