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Protection Of Privacy In The Era Of Big Data

Posted on:2020-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2416330572988810Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The advent of the big data has enabled people to enjoy the convenience brought by the digitization of information.The spread of different kinds of information has also broken the space constraints and achieved a wider extension.However,people also bear the risks that come with it-the protection of privacy is becoming more and more difficult.The collection of personal privacy information is more and more elusive,and it is more difficult to find the criminal,and the damage caused by the new technology has been more irreversible.The United States and the European Union have adopted industry self-discipline and national legislation to improve the protection of citizens' privacy rights.However,the law used in China right now is difficult to restrict privacy violations effectively.China should also establish a perfect privacy protection mechanism.Our country should strengthen the legislation of personal privacy protection,and establish industry self-discipline mechanisms.We should also build privacy protection institutions and raise citizens' awareness of privacy protection.This paper is divided into four parts to elaborate the construction of China's privacy protection system.The first part is the privacy of individuals in the era of big data.This section introduces the new features of personal privacy information in the era of big data and the new features of privacy.In the era of big data,ways of information collection are becoming more and more complicated,and the collection content is more and more extensive.Due to the openness and the expansibility of privacy,the scope of the right to privacy is also expanding.These all pose new challenges to the protection of privacy in the era of big data.In addition,in the context of big data,it is more difficult to prove the privacy infringement liability.It is difficult for the victim to prove the infringement of the infringer,the subjective fault and the damage result.In some infringements,it is hard to determine the infringing subject.These new changes have made it harder to protect the privacy in the new era.The second part is the new dilemma of privacy in the era of big data.This section makes a summary of the violation of privacy in judicial practice.The damage to the privacy may be caused by the ineffective supervision of the information controller,and the commercial enterprise may also violate the right of privacy when pursuing the information advantage,and making optimization decision.The government breaks the rules of the protection of the citizen's personal privacy.Sometimes,the freedom of speech of some citizens may conflict with the privacy of others.During the big data era,the conflicts between other rights and personal privacy have been intensified.How to achieve the dynamic balance between maximizing social benefits and personal privacy information protection is a major difficulty in China's system construction.The third part is the institutional model of privacy protection in the era of big data.This part analyzes the advantages and disadvantages of the privacy protection system in the United States,the United Kingdom,Japan and other countries,in order to foster an appropriate privacy protection system.Based on Chinese national conditions,it is more reasonable to establish an institutional system in which the legal regulation is the leading factor and the industry self-discipline act as an aid.China should improve the legislation on privacy protection firstly and establish industry self-regulatory institutions in different industries,in order to improve the privacy protection system.The fourth part is the reconstruction of the legal system of privacy protection in China.This part proposes frameworks for the improvement of China's privacy protection system.China should improve their privacy protection system by strengthening big data technology construction,enacting detailed regulations,improving supervision mechanism and raising citizens' awareness of privacy protection.
Keywords/Search Tags:Big data, Privacy, Legislation, Industry self-discipline, Supervision mechanism
PDF Full Text Request
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