On The Civil Law Protection Of Internet Privacy In The Age Of Big Data.

Big data has become an important breakthrough in national development strategy,and personal data is also the basic resource for the development of big data industry.The collection,analysis and processing of big data can drive the direct economic development and provide a solid source of motivation for the country's new development path.In the face of the increasing data requirements,personal data transmission through the network has become a common phenomenon,but the spread of improper,collect will severely infringing upon the citizen's network privacy,imperfect network privacy regulations will not only restrict the development of industry of big data,is unfavorable to the legal protection of network privacy.This paper is divided into five parts by means of comparative analysis and literature review.The first part is introduction,mainly introduced the research background,research purpose and significance of this article,based on the domestic and foreign about the era of big data review and summarize the present situation of civil law protection of network privacy,for big data era in China civil law protection of network privacy system construction to provide a solid theoretical basis.The second part is the overview of network privacy in the age of big data.First the concept and characteristics of big data,and expounds in theory,the concept of the network right of privacy,and specific analysis of network privacy right content,points out that the network right of privacy and the era of big data network privacy are not two independent rights,but right under the background of different time show a new pattern of rights,and has the characteristics of the line.The era of big data network right of privacy in order to have a more clear understanding,this paper illustrates in detail the new characteristics of the era of big data network right of privacy,and from the theoretical origin of network privacy to explore its development course.In the end,the author summarizes the system dilemma of the protection of Internet privacy law in the era of big data,and lays a foundation for the idea of improving the protection of Internet privacy law in the era of big data.The third part is the legislative analysis of the civil law protection of Internet privacy in China's big data era,and points out the existing problems.The article analyses the law of the meaning of Internet privacy in the big data era in the basic law,the judicial interpretation and the single law,and points out the existing problems in our country.At present,our country will not as the original rights stipulated in the civil law protection of network privacy,there is no clear privacy protection request specification basis,network privacy protection mode and network right of privacy of public right attributes are not reveal.The fourth part introduces the legislation practice of the protection system of Internet privacy law in the era of big data and the enlightenment to China.Through the introduction of the legislation of self-discipline mode in the United States,France dominant mode of government supervision and industry self-discipline,German legislation pattern,summarized in the aspects of legislation in our country,our country in the legal status of network privacy,and shall,in accordance with the provisions of selective reference for domestic legislation stereo system.The fifth part is the focus of this paper,and the concrete conception of the protection of the civil law of Internet privacy in China's big data era.Firstly,the special provision of network privacy protection is added,and the network privacy right is an independent civil right.Second clear network privacy status in the system of personality right,the network right of privacy as an independent of specific personality right in legal protection,not only solve the problem as the original right of network privacy right ascription,more big data environment civil law protection of network privacy system construction direction.Again according to the characteristics of the large data design comprehensive concrete protection method,through regulation on the use of data consumer behavior and responsibility,increase the notification system and strengthen the improvement of the system of private law autonomy to establish an effective protective mechanism.In the end,the author introduces the constitution to protect the right property of Internet privacy.In conclusion,big wave surge incoming data,we can't be rejected,also cannot be allowed to proceed unchecked,we reasonable deal with the contradiction between supply and demand,satisfy people's passion to data value innovation era of big data,and can reduce people concern about online privacy security hidden danger,so this article research direction,based on the background of the age of big data,and analysis of the realistic problems in the existing civil law protection of network privacy,and puts forward specific solutions for this problem and opinion,truly theory with the world,starting from the perspective of the protection of civil law,in the construction of network privacy regulation mechanism,on the basis of real realize the healthy and orderly development of big data technology,this to the society as a whole is reasonable,scientific,effective use of data resources go a long way,at the same time,also do not break individual demand for network privacy interests,enhance the level of overall social credit.