Research On The Public Power Protection Of Personal Information Data

In the new economic era,there is more and more improper collection of personal information,and the phenomenon of personal information leakage becomes common,the probability of illegal use of personal information increased.The widespread use of big data technology has increased the high mobility of data and the economic and social dependence on the software and hardware systems of the Internet.This new change and new trend have brought severe challenges to the imperfect personal information protection system and information data market order in our country.The purpose of this paper is to explore the legislative model,legislative framework,system design,market supervision and so on in the protection of personal information data.At the same time,to find the market innovation of information data,the public interest and the protection of citizens' rights and interests to achieve the best interest balance.This article hopes to construct the public power intervention regulation mode of personal information data protection,the whole logic will proceed from the personal information property right,mainly cites the achievement s of Lessig,Long Weiqiu,Zheng Jianing and so on in the personal information right property domain.This paper tries to balance the interests between the protection of personal information rights and the allocation of information data resources with public power,and to establish a strict protection system more in line with the increasing needs of the people's privacy as far as possible.In the first part of this paper,we will discuss the latest changes of personal information data market from the contention between Ali Group and SF Express on the control right of logistics information data in 2017.And the impact of this change on the personal information protection system.In the second part,the author summarizes the advantages and disadvantages of the protection framework by combing the regulatory means and patterns of personal information data protection of China in the past few years,combining with the characteristics of personal information data.Therefore,the analysis of the current system of regulatory difficulties and weaknesses,for the later specific legal framework for the establishment of the foundation.The third part discusses the necessity and rationality of the direct intervention of public power in the transaction and circulation of personal information data in the market sector,based on the technical characteristics and market characteristics of personal information data.In order to explore the establishment of reasonable public power intervention approach to the direction and intervention means of the legal basis.Part 4 will focus on the analysis of the world's mainstream transaction regulation model,taking the European Union and the United States as two typical examples to explore the construction of specific public power intervention system.Part 5 will be combined with the third part of the legal basis and the 5th part of the extraterritorial legal experience summed up and analyzed the construction of specific public power intervention system.