Research On The Right Of Personal Data

"Artificial intelligence" and "big data" are not only the tide of science and technology,but have become the mark of our era.The data is gradually evolving into a basic resource like food and energy in the new era.From the Internet to the mobile Internet to the Internet of Everything,the world has said that this is a new era of data explosion.Ma Yun is also said to be the energy sourced by the data in the engine of future development.The rapid development of Internet technology and the management problems brought about by data resources have gradually attracted people's attention and even concern.In this era,everyone is the main body of information dissemination,and it is also the medium of information dissemination.Massive information is transformed into a huge data set on the network through advanced technology.The amount of data we produce today is greater than the sum of the years before the Internet era.In social and economic activities,the ability to obtain more data means that we have more resources and take the lead in the capital market.However,it is also because the domestic legislation on personal data protection is not perfect,and many personal data have been infringed.The first part analyzes the meaning of personal data rights.The new concept of “personal data rights” is not defined in our existing legal framework.Throughout the national legislative documents and scholars' statements,the concept of "personal data" is different.Although different countries have different definitions of the meaning of personal data,most emphasize the identification of information about natural persons.The author believes that personal data refers to the characteristics of an individual who can directly or indirectly identify the subordinates.Data,such as name,hobbies,mobile phone number,ID number,etc.The second part analyzes the structure and nature of personal data rights.The protection of personal data is not limited to personal information or personal privacy.The existing legal theory is more from the perspective of narrow personal information and personal privacy,and more emphasis on the personality of the data.However,the massive data brought about by “big data” and “artificial intelligence” has property attributes if it is recognized for its resource.The ownership of data resources is formed in the human face and is a new type of relationship between personality rights and property rights.Therefore,the legal boundaries of data resources in the era of "big data" are still very vague,and the new legal issues involved in practice are often difficult to define and standardize through existing laws,which complicates the problems that arise,and the management The difficulty has also increased.The third part studies the legitimacy of personal data rights.Whether it is the formal standard of emerging rights or the substantive standard of emerging rights,personal data rights satisfy the above conditions,so we can infer that in today's society personal data rights belong to an emerging right.Although many scholars in China's academic circles have different opinions on the protection of emerging rights,some scholars believe that emerging rights will have too many rights with the background of the times,current social needs and other reasons,so there is no need for all emerging rights.Legal protection is carried out,but the personal data rights studied in this paper are different from other emerging rights.Therefore,the protection of personal data rights is not only beneficial to the information subject's control of personal information,but also promotes the healthy development of the network.It can improve the expression of personality rights and the existing legal system in China.The fourth part analyzes the construction of the personal data rights protection system.By analyzing the current status of China's legislation and combining the experience of foreign legislation,it is hoped that the basic legal and regulatory system for personal data protection will be fully constructed.At present,the protection of personal data rights in China has the characteristics of lack of legal research,lack of constitutional support,scattered legislation and low judicial operation.Therefore,it is necessary to strengthen the legal research on personal data rights,establish a more applicable regulatory mechanism,and attach importance to Legislative value orientation and timely adjustment of legal remedies.The right of personal data is still in the state of exploration,far from reaching a mature state.The establishment of a new right will inevitably encounter various difficulties.We cannot avoid it because its research is difficult.Instead,we must seize the opportunity and combine with China's specific national conditions to explore a characteristic road that conforms to China's national conditions.On the basis of thinking about and drawing on the relevant provisions on foreign personal data rights,we will consider the unique national conditions of our country and formulate a protection system for personal data rights.