On Administrative Law Protection Of Personal Information Right Under The Background Of Big Data

With the advent of smartphones and wearable devices,our behavior,language and even physiological data can be recorded and analyzed.From Silicon Valley to Beijing,from the World to China,the boom of big data is constantly sweeping away,and an era of mass production,sharing and application of data is opening.Viktor Mayer-Schonberger has vividly compared the value of big data to the iceberg in the sea,and at first glance he can only see one of the corners.In this special environment,there are many types of data types that are dazzling.Personal information has already become an important strategic resource for people to pay attention to,at the same time,various data leakage,secret collection and illegal use have followed.At present,many hot events that infringe citizens'personal information rights are known to people.In this case,the main body of infringement includes the public power body represented by the administrative organ and the private rights entity represented by the social organization.On the one hand,the administrative agencies and social organizations are constantly collecting our personal information.On the other hand,the victims are also unknowingly allowed to be violated,but they cannot take effective measures to protect their legitimate rights and interests.In the past,we always regarded personal privacy as the right to include all personal information.In fact,the division of personal privacy and personal information is an important part of this paper.In view of the relationship between government information disclosure and personal information protection,they often have contradictions.In fact,they have different power bases,which are based on the right to know and the right to personal information.It is also important to clarify t:he relationship between them.In the face of information security issues,both the Government Information Disclosure Law and the General Principles of Civil Law have issues concerning the protection of personal information,but either the law is too general or the threshold for imprisonment is too high,and the standards are not uniform.The imperfect system has led to these laws and regulations and does not solve the information security problems that currently occur.The neglect of illegal costs and the huge potential benefits make the phenomenon of information theft and abuse increasingly confounding and there is no convergence.As a state public authority,the administrative organ has a natural advantage in the collection of personal information.However,in recent years,the activities of some government agencies have been driven by the interests of illegally selling the personal information of the leaked system,which has made the credibility of the government departments questionable.In this grim situation,in view of the urgency of the protection of personal information rights in the era of big data,it is necessary to introduce and improve the laws and regulations on the protection of personal information rights through a series of measures to effectively protect the personal rights of citizens to promote social harmony.Steady development.In view of this situation,It is of great practical significance to study the legal protection of personal information right in China.Because the dominant position of the administrative organ makes it more likely to become the main body of infringement,we are more worried about the violation of the personal information of the citizen by the administrative organ than other private rights subjects,and the right to use the civil law and criminal law to protect personal information has been fixed.The lack of administrative law protection,so the administrative law protection of personal information rights is still in its infancy,there is still a large research space in the academic circle,and it is also the most suitable for the current social development needs,better connected with civil law and criminal Legal protection can fill the gap between them.This will not only broaden the field of administrative law theory,but also provide many considerations for the future development of the citizen personal information protection law.This paper is precisely for the sake of safeguarding the security of citizens'personal information.It uses the knowledge of administrative law and the content of personal information protection and its legislative model in legal documents,discusses how to choose the right of personal information in the era of big data.The legislative model of protection and legal principles,how to break through in the improvement of specific systems,and closely related to the current big data environment to create a set of practical and effective protection norms.In the theoretical introduction of the characteristics of big data and the right to personal information,this paper points out the risks and 'forms of expression of the right to personal information,in order to prove the unique value of the application of administrative law protection.In describing the shortcomings of China's current legislation,through the introduction of the legislative status of the two major legal systems on behalf of the country,the reference value and the detours that need to be avoided are analyzed,and the limitations are analyzed in a targeted manner.In the face of information security issues,we can't sit idly by,nor can we be worried all the time.It urges us to strengthen legislation,actively build a protection system,and ultimately achieve the use and protection of personal information,and effectively protect citizens'personal information rights.