Research On The Protection For Personal Information Right In The Background Of Big Data

With the rapid development of network information technology,information industry has evolved into one of the most promising development field as an emerging market globally.Network information technology permeates through various industries and leads the development direction of new generation technology.Massive amounts of digital information,including personal names,portraits,educational background,social circle,consumption custom,and changes of position are stored,transferred,and used by network operators.Consequently,human beings enter the era of big data,in which almost all human activities can be processed through datamation,thus big data has become essential enterprise assets and national strategic resources.Big data exertedconsiderable influence on various aspects of social life,demonstratingitsfeatures of diversified data source and low cost to obtain.Nevertheless,under such circumstances,personal information is being constantly explored and taken advantage of,faced with the risk of data leakage,misapplication,and so on.Therefore,protecting personal information concerned withpersonal rights and interestsis an important issuein legislation currently.Big data is also widelyapplied in government management,significantly improving the efficiency of government work.Meanwhile,in the performance of public management function,the government established many databases,like census,crime administration,personnel management,social security,education,medical treatment,and tax collection etc.Collection of personal information by the government is increasingly frequent.With an expanding power and scopeof government affairs,the negative effects on the rights of personal information draw people's attention over time.The government databases record personal information in detail,and if they are not rigorously regulated by law,personal privacymaybe at risk of infringement.Setting the protection of right of personal informationas the main research object,this paper discusses the risks of personal information protection in the background of big data,deficiencies of existing mode of personal information protection,and the improvement of the protection mechanism.This paper redefines the concept of personal information as a data or information aggregation that is based upon naturalpersonswith the attribute to directly or indirectly distinguish personal identity and takes certain carriers as the form of representation.Personal information right regards personality freedom and human dignity as the foundation,a right that the holder legally possessesto control and decide their own information,consisting of the positive rights of claim,typified by right of controlling,decision-making,and inquiringinformation,as well as the negative rights of defense,particularly the right of rectification and deletion of information,which symbolizes an independent personal right enabling people to enjoy autonomy and self-determination.Personal information under the background of big data is exposed to the danger ofbeing improperlyemployed and disclosed,The right might be infringed,posing a threat to the physical and property safety of information subjects.In this new era of big data,new characteristics of protection of personal information emerge.The existing theory,system and protection means such as anonymization and informed consent are impotent to meet the challenges nowadays.Personal information protection legislation in our country is decentralized,lacking effective relief approaches as well as supervision mechanism.As a result,it is urgent to reform the personal information protection mechanism.This paper willuse case analysis,comparative analysisand so on,view protecting the personality dignity and valuing public interests as the foundation,protection of personal information as the core of legislation,so as to perfect informed consent rules and legal relief accesses,and establish classified protection mechanism of personal information,aimed at bringing the industry's internal self-awareness,self-regulation,and self supervision into play,exploring unified legislation mode of personal information protection,and eventually constructingawell-arranged protection system of personal information.Personal information is confronted with multiple risks in the era of big data,hence comprehensive protection of personal information and establishment ofcorresponding protection mechanism is imminent.Standardizing information processing in enterprisesand the government and preventing personal information from being stolen,spread,and misappliedby others,are the prime premise to guarantee citizens' personal dignity,promote the information value,and reduce the cost of social governance.