Research On The Protection Of Personal Information In Civil Law Under The Background Of Big Data

With the development of big data technology,we can expect that in the near future,this revolutionary technology with the development of the Internet will bring great changes to people.Everything in binary virtual space is no longer the objective of traditional real life,but a series of data assembly composed of binary code.At the same time,these changes have been accepted,recognized and integrated into life by the public.However,while the network communication technology brings us convenience,it also brings unprecedented challenges to the protection of personal information.Faced with the grim situation,the state is also actively responding.The special chapter of the Network Security Law,which was implemented on June 1,2017,stipulates Article 111 of the General Principles of Civil Law,which will be implemented on October 1,2017,and then on September 10,2018,the 13 th Standing Committee of the National People's Congress has included the Personal Information Protection Law in its legislative plan.Based on the background of the national development strategy of big data,combined with the current personal information leakage events and existing legal provisions,and referring to the experience of the United States and the European Union in the protection of personal information in civil law,this paper studies the protection of personal information in civil law by domestic scholars.This paper attempts to make some reflections on the protection of personal information under the background of big data in China.The author discusses from the following five parts:The first part of the introduction introduces the background,research value,research status at home and abroad,research ideas and research methods,and explains the reasons and research context of the protection of personal information in civil law under the background of big data.The second part introduces the related concepts of personal information protection in the context of big data,including the concept description of big data and personal information,and emphasizes the necessity of civil law protection of personal information in the context of big data.The third part is about the history and current situation of the protection of personal information in civil law in China.The description of the current situation includes the achievements and problems.It finds out the dilemma of value orientation disputes,rights attribute disputes,rights attribution disputes,incomplete rights connotation and relief difficulties in the field of personal information civil law protection.In the fourth part,through the comparative analysis of the legislation and protection modes of personal information protection in foreign countries,mainly in the United States and the European Union,it is found that both the legislative regulation mode and the protection mode have their own advantages and disadvantages,and only the mode adapted to the national conditions is the best mode.At the same time,it absorbs the advantages of the two in order to provide some new ideas for China to get out of the dilemma of the protection of personal information in civil law.The fifth part is through the understanding of the current situation and foreign experience,combined with the national conditions,put forward some views and Thoughts on the protection of personal information in China.Including: the value consideration of the protection of personal information civil law in China-taking the road of protection of personal information civil law with Chinese characteristics and improving step by step;the right to personal information should become an independent personality right;establishing multiple criteria for distinguishing personal information,clarifying the ownership of rights among the main bodies;defining the connotation of the right to personal information;redistributing the burden of proof and reducing the number of individuals.The cost of human relief.At the same time,we should actively explore non-normative areas in order to make the protection of personal information in our civil law more complete and comprehensive.