Administrative Law Protection Study Of Personal Information At The Age Of Big Data

Before human go into the age of information,the personal information has big value.Whether the management of government or the operation of business,they cannot be short of the collection and conduction of the personal information.However,when human go into the age of information,especially the Big Data age,the newest technology vastly change the collection and conduction of the personal information.And this development also brings the challenge.The traditional mode of personal information protection cannot fit with require from the Big Data.Whether a country meets this challenge or not related to the effect of personal information protection and especially the international trade.In order to meet the challenge of Big Data,all countries change their mode of personal information protection.For example,both EU and USA introduce the theory of “scene and risk” to prefect the mode of protection which has developed the information right and has relieved the contradiction between the protection and circulate and finally promote the information economy development.However in our country the legal protection of the personal information still in the early stages,which means that the legal system in this field is imperfect expressed that we don't have a uniform law which is called personal information protection law.At the same time,all kinds of normative document act as one pleases which make a mess in the information protection.And the mess is also spread to the fields of enforcement and judicature.When we look through the huge development of Big Data,we can easily find that not only the business subject but the government to leakage the personal information.Therefore,based on the difference between the business subject and government,the personal information protection is in dire need of support fromthe administrative law.This paper is based on the case caused by the leakage of the personal information.And then I analyze the problems of the personal information protection in our country today by the method of case study.At the same time I also inspect two model kinds of the legal protection on the personal information and make a conclusion of the experience and shortcomings to remedy the weakness of the legal protection on personal information in our country.Giving some advises on the legislation,enforcement and judicature so that promoting the development of the legal system in personal information protection and balancing relation between the knowledge right and self-determination in personal information;between the information publication and information protection;between the flow and self-determination.