Research On The Protection Of Personal Information In The Age Of Big Data

With the continuous development of society and scientific technology,many countries gradually focus more on the Big Data era,into which China has also entered.Big data is embodied almost in all aspects of our life.It has bought Great convenience to us and progressively changed the national management model,social production,consumption and people's lifestyles.Since entering the era of big data,personal information has became more and more important to business resource.However,Some people are in pursuit of the interests and caused the personal information disclosure severely at the same time.Therefore,countries began to pay attention to the personal information protection.Although China has followed the pace of the time started to protect the personal information,generally speaking,it was more lately compared with other countries.Despite we have recognized the significance of personal information protection,there is no special legislation,other than a complete set of legal system to solve the problem of information security.In the meanwhile,the relief mechanism that is to request the cognizance of tort liability,personal information and personal information infringement is still blank.Hence,the research of personal information protection of civil law is practically significant.For building a complete set of civil law and better protecting individual information and personal interests,this paper starts from the case study and discusses the necessity of personal information protection of civil law at the big data era.In this paper,the first part introduces the related theory of big data personal information.The protection of personal information proposes to give main right of personal information and protect personal information rights as a basic civil right.The second part introduces personal information protection mode in the Germany,and the United States,and discusses the advantages and disadvantages between different patterns so that providing good examples of building legal protection system of personal information.The third part combines our country's legislation with judicial practice and analyses the problems of personal information protection existing in the civil law in the era of big data.Namely: the personal information protection lack of the right;the Tort Liability Law needs more protection and remedy mechanism remains to be perfect.In the fourth part,the author puts forward some suggestions on the personal information protection of civil law.Firstly,the author makes clear the right request basis of personal information right.This paper advocates the determination of personal information rights as a specific personality right;Secondly,in view of the tort liability Law lack of personal information protection,this paper argues that the infringement of personal information should be brought into the tort liability,it includes the particularity of right of personal information to clear personal information the components of the tort liability;applying different imputation principles to different subjects;at the same time,to the extent of the infringement of personal information,the author advocates the introduction of punitive compensation mechanism and increases the punishment of the infringes.Finally,we hope to improve the relief mechanism of personal information protection by perfecting our representative lawsuit system.