Research On The Civil Law Protection For Personal Information In The Background Of Large Data

In the event of rapid development of information technology,the civil law protection of citizens' personal information rights need to be based on the background of specific social historical era,highlighting the comprehensive attributes of citizens' personal information rights and giving them full protection.In view of this,this paper mainly puts forward its own views on the civil law protection of citizen's personal information right.In the background of large data,personal information processing has become a common phenomenon and has a positive impact on economic development,social progress and the promotion of human well-being.On this basis,the purpose of personal information protection legislation tends to balance the relationship between protection and utilization,and promote the rational use of personal information.In this process,the reasonable definition of the scope of personal information is particularly important.In the background of large data,the definition of personal information should be based on the identification theory,and the information without the character of identification should be excluded from the scope of personal information,and it should be processed and utilized.There are still many problems in the civil law protection of personal information in China.First,the concept of the “personal information right” is vague;secondly,the traditional “information consent” contract rules are difficult to cope with the needs of information flow;thirdly,infringements against personal information are usually invisible,and privacy infringement liability is difficult to identify;fourthly,judicial relief is difficult;Fifthly,there is a lack of special laws to systematically protect personal information.To improve the protection of personal information and to comply with the need for the rational use of personal information in the context of large data,these problems need to be resolved.In the perspective of comparative law,the paths taken by Germany,the United States,and Japan for civil law protection of personal information are different.Germany adopts a unified legislative protection model,and the United States adopts a decentralized legislative protection model supplemented by industry self-discipline,while Japan is based on the EU model and adopts a compromise protection model.The civil law protection of personal information in China,shall emphasize the balance between the protection and rational use of personal information,and promote the flow of personal information and the realization of the value of personal information,therefore,it is necessary to adopt a unified legislative protection model,while also paying attention to avoid the rational use of personal information.In order to realize the systematic protection of personal information in civil law,it is necessary to further explore the specific practical measures for how to improve the civil law protection of citizens' personal information in the background of large data.The positioning of personal information rights should be positioned as a specific personality right.It is necessary to construct multi-level contract rules to deal with different stages of processing personal information,improve the tort law relief mechanism,introduce public interest litigation system in the field of personal information infringement,and speed up the formulation of unified personal information protection law and improve the legal guarantee and relief system.