Personal Privacy Dilemma And Protection Path In The Era Of Big Data

The development of the Internet has promoted the development of big data,and the quantification of information in the era of big data has aroused the upsurge of personal privacy protection.The protection of personal privacy in the era of big data,as a task of The Times,is the focus and difficulty of this paper,and also the problem that this paper aims to solve.This paper USES empirical analysis,comparative analysis,literature analysis and historical analysis as the main writing methods.Taking two typical cases as the background,this paper analyzes the practical problems reflected by the cases and concludes the dilemma of personal privacy protection in the era of big data.Combined with China's practice,drawing on foreign experience,explore suitable for China's national conditions of privacy protection path.In addition to the introduction and conclusion,this paper has four parts,the main content is as follows:The first part is an overview of privacy infringement in the era of big data.Firstly,the concept of big data privacy is introduced through the analysis of the concepts of big data and privacy.Secondly,it analyzes the differences between privacy infringement and traditional privacy infringement in the era of big data and the technical challenges faced by privacy protection.The significance and necessity of the research on this problem are obtained.The second part is the status quo and existing problems of privacy in the era of big data.This part adopts the case analysis method,citing the dispute case between pang lipeng and China Eastern airlines and the case of Reuters violating the privacy of minors.The practical problems reflected by the case are as follows: first,the legislation is not in line with The Times;Second,legislation and judicature do not link;Third,the concept of justice and the development of the Internet are not synchronized;Fourth,the civil law relief is not in place,which is reflected in the general principles of civil law relief is not in place and the tort liability law relief measures are not perfect;Fifth,weak awareness of corporate responsibility in the era of big data.The third part,the protection path of privacy right of foreign countries and its enlightenment to our country.The common law countries,represented by the United States and Germany,mainly adopt the model of industry self-discipline and legislative protection to protect privacy in the era of big data.The civil law countries are represented by Japan,which has formed its own legal protection system of five laws and learned from the American model of industry self-discipline.By analyzing the above protection modes,this paper discusses how to draw lessons from the protection paths outside China.The fourth part is the improvement of the protection path of privacy right in China in the era of big data.This part is divided into the focus of the article,but also innovative points.The Suggestions are as follows: first,the level of legislative protection should be improved,including clarifying the scope of privacy through legislation and formulating special network privacy law;The second is to reconstruct the protection of tort liability law,including improving the traditional way of tort liability,clarifying the scope of damages,introducing punitive damages,and clarifying the principle of liability.The third is to implement the industry self-regulation mechanism by region,including the industry self-regulation in the areas where large enterprises gather and the "semi-industry self-regulation" in the areas where small and medium-sized enterprises gather.