The Civil Law Protection Of Personal Information In The Big Data Age

Big data is an important strategic resource to promote the third industrial revolution,which has a far-reaching influence on the whole social system.Against this background,personal information security is confronted with unprecedented threats,and it is increasingly difficult to protect personal information.Among them,civil law protection is an important legal means of personal information protection,and how to perfect the protection of personal information under the age of big data is an important research topic in the academic field.In the general rules of civil law,which has just been promulgated in China,the provisions of personal information protection are clearly stipulated.However,both from theory and practice level,the personal information of the civil law protection system in our country is still imperfect,are in urgent need of closely combining the background of the era of large data,using the scientific method,and to draw lessons from foreign experience,sets up conforms to the actual situation in our country the personal information of the civil law protection system.The basic logical structure of this paper is as follows:The first part,firstly defines the meaning of big data and introduced the advent of the era of big data,and then uses the method of case analysis and statistics to reveal personal information protection is facing a crisis and further strengthen the necessity of the era of big data of personal information protection.On this basis,combining with the civil law general principles,and its applicable conditions in respect of the provision of the personal information protection,and analyzes the meaning of the terms and conditions and limitations,thus demonstrates further perfect big data under the background of civil law to protect the value of personal information.The second part,because of the personal information protection of civil law in the era of big data problems,lead to personal information protection mechanism of the civil law did not play its proper role,so the personal information in the era of big data is still in a state of extremely safe.Therefore the author puts forward and analyzes the civil legislation of our country in the era of big data exist in the personal information protection four aspects of the internal cause,can be divided into two levels:first level for the reason of basic theory of civil law,including the confusion of the concept of personal information and privacy laws in recognition of the difficulties in protecting personal information,personal information property attribute of personal information resulted from the lack of property value cannot be protected;The second level as the cause of concrete system on civil law,including the traditional system of informed consent in the era of big data caused by the failure of personal information has been massively collection,forgotten right system in civil legislation vacancy and cause personal information in the era of big data cannot be modify,and delete.The third part,the big data technology development abroad in some developed countries started early,so these countries to the era of big data of personal information protection of civil law also has accumulated rich experience,has important significance to perfect the relevant system in China.Based on this,the author through comparison investigation thorough combing and analysis of the European Union,the United States and Japan in the era of big data under the personal information of the civil law protection of unique experience,to improve our personal information of the civil law protection system to lay the theoretical foundation.The fourth part,based on our country civil law protection of personal information under the era of big data deficiencies and foreign legislation experience for reference,the author thinks that our country should begin from the macro and micro level to do a full range of civil legislation improvement.Macro level to establish basic principles including legislation to suit the era of big data,to the balance of the personal information protection and utilization of give attention to two or more things,protected mode to choose suitable for China's national conditions and establish industry self-discipline mechanism;Micro level of the specific measures on four aspects of the problem is introduced,including personal information and make a clear distinction between the legal concept of personal privacy,while protecting the personal information of personality interests and property interests,improve the system the era of big data of informed consent and construct the forgotten with the localization of right system.