Different Protection Of Personal Information

Every epoch has its typical characteristics.The process of development is hard to reverse.Now,the Internet technology update to web 3.0,people can not dominate the sharing and dissemination of their information any more.Owing to massive information and database technology,the information industry has entered to “big data era”.This times seems more convenient,efficient,and informative than the society he replaced,but it does not mean we can ignore the crisis by technical miracle.The rapid development of information technology brings new opportunities for economic development,it also brings challenge to personal information security.On the one hand,personal information frequently encounters large-scale disclosure and abuse,on the other hand,excessive restrictions and protection of the information industry not curb the economic pull of new format,but endanger the basic rights,such as freedom of speech.Based on this background,face the balance problem of information utilization and protection,it seems urgent to classify and distinguish personal information.However,the classification of personal information has been long-lasting,we have not find a well-considered and highly feasible way to distinguish personal information.Therefore,this paper first analyzes the real dilemma of the differential protection of personal information.Reviewing China's legislative process and judicial practice from reputation protection to privacy protection,from privacy protection to personal information protection.We can clearly see the "natural blood relationship" between privacy and personal information.Does the privacy include personal information,or the personal information include privacy,or are they crossing? Not only is it difficult to define in theory,but also difficult to sort out in legislation and judicial practice.Therefore,the interlaced protection of privacy and personal information in legislation and justice reflect the necessity and importance on theoretically studying in protection of personal information.Secondly,based on the actual needs,European Union and the United States were selected to study.By exploring the protection process of personal information in the EU.We can find EU distinguishing “sensitive information”from personal information,which is similar to privacy.They also adopted a series of strict personal information protection models.These models have greatly affected EU member states,such as Britain and Germany.In order to protect the information industry and maintain freedom of speech,the United States includes personal information in privacy category.Distinguish personal information with“identification”.They adopted a more loose personal information protection model than EU.These two models have different point and have their own drawbacks and advantages.Through analyzing the dilemma of differentiate protection and comparative research,the third part of this paper redefines the personal information.Personal information should contain privacy.In information age,different information has different personality and property attributes.A large amount of information not only involves personal interests,but also closely related to public interests.Therefore,it is necessary to combine basic classification of personal information,reconstructing the type of personal information in legislation.Personal information can be divided into private personal information,public personal information,and intermediate personal information.This classification can alleviate the confusion between privacy and personal information,and balance utilization and protection of different information.Finally,given characteristics of different information,we use the EU model to protect privacy personal information,dynamically assessing the privacy risks,giving citizens the “right to delete”,introducing an informed consent mechanism based on scenario.For public personal information,we should adopt a loose protection model and focus on information utilization.In order to guarantee the freedom of data circulation and speech,citizens do not have the right to delete this type of information.People processing such information even do not need express consent.At the same time,the value of big data is activated by eliminating personal identification and determining the data rights.Intermediate personal information is a dynamically changing information category.Protecting such information should follow the “scenario”principle,emphasizing the self-discipline of information processors while managing and monitoring risks according to scenarios.