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

Posted on:2020-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y HeFull Text:PDF
GTID:2416330572498666Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the rapid development of digital information technology,big data era has arrived.In this data age,the flow of personal information,the dissemination of personal information,the cost of utilization is extremely low,social progress at the same time,but also make citizens' personal information nowhere to hide.And with the overall social transformation brought about by the era of big data,the traditional path of protection of personal information has already had a great impact.The traditional indirect protection of personal information in the field of privacy or personality can not satisfy people's urgent demands for personal information protection.As an important part of the protection of personality right,the 19 th CPC National Congress actively responded to the call of the people and for the first time guaranteed the right of personality.Protection is included in the report,raising the right to personality to the same importance as personal and property rights.The following "General provisions of Civil Law",in its civil rights chapter,for the first time for the special provisions on the protection of the infringement of personal information,caused heated discussion in the academic community.While affirming its great legislative significance,civil law scholars also put forward a lot of questioning voices about its practice in judicial application.At the same time,the formulation of the sub-provisions of the Civil Code of our country is in an orderly way,and the formulation of the provisions on personal information is of great concern.Therefore,in order to respond to the eager expectations of the civil law circles and the general public for the legislative protection of personal information,the background is the large number of cases and facts that currently exist in our country that infringe on the personal information of citizens,It is urgent to design a set of effective civil legal norms to protect citizens' information rights and interests.At the same time,the legislation should also consider big data's characteristics of the times,in order to seek the value balance between personal information protection and personal information utilization.This paper mainly uses the methods of comparative analysis,social analysis and historical analysis to study the problems related to the protection of personal information civil law in big data era.The author through "big data" and "personal letter" The research of the basic theory of "information" analyzes the necessity of constructing the protection system of the civil law of personal information in our country at present,and then sorts out the provisions of the current laws and regulations concerning the protection of personal information.Through collecting the relevant civil cases,the author obtains the judicial practice of personal information protection,as well as the existing problems and manifestations,and draws lessons from the effective experience of the civil law protection of personal information in virtue and virtue countries.This paper puts forward the legislative protection mode of "personal Information Protection Law",which is suitable for the protection of personal information in our country,and puts forward the effective ways of tort relief in view of the specific problems in the judicial application put forward in the previous paper,which is suitable for the protection of personal information in our country.In order to protect the information rights and interests of citizens.
Keywords/Search Tags:big data, personal information, personal information right, civil law protection
PDF Full Text Request
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