| With the popularity and application of new-generation information technologies such as cloud computing,networking,and the mobile Internet,the era of big data has arrived.When people use Weibo and WeChat to communicate with their friends and family,or shop on Taobao,it will generate huge data.The rapid development of big data technology enables personal information can be collected,stored,processed and utilized on a large scale.On the one hand,free circulation and wide use of information provide people with more convenient services.On the other hand,if there is no restriction on the collection,analysis and processing of personal information,then we all be in the monitoring of big data,which will pose a great threat to the security of personal information.Therefore,Therefore,in the background of big data,how to find the balance between the protection and utilization of personal information has become an urgent problem to be solved.The right of personal information is proposed to coordinate the relationship between the information owner,information processors and information users,that is,to find a balance between the protection and utilization of personal information.This paper takes the big data application as the research background and conducts a series of research around the "right to personal information".After investigating the current situation of personal information protection in China,there is no specific legislation on the protection of personal information in China.The protection of personal information is scattered in the legal norms at all levels,and the fragmentation of legislation is particularly prominent.In addition,China’s current legislation does not give a clear legal position for personal information.In the General Principles of Civil Law adopted in 2017 and the newly issued Second Review Draft of Personality Rights of Civil Code in April 2019,it is stipulated that the personal information of natural persons is protected by law,but the right of personal information is not explicitly established.Strictly speaking,personal information has not been established as a legal right in our country,and the lack of rights has also led to many problems in judicial practice: the right boundary of personal information is not clear,it is difficult to distinguish it from the existing specific personality rights(especially the right to privacy),the basis of legal application is not uniform,the identification of infringement and the lack of clear standards for damages,etc.According to the author’s combing of relevant judicial precedents,it is found that in the current judicial practice of our country,the disputes of personal information infringement cases focus on the legal constitution of personal information right and infringement determination of personal information rights.Therefore,this paper firstly gives a general overview of the legal definition and necessity of the right to personal information and its legal protection claims;secondly,further theoretical and empirical research on the constituent elements and torts of personal information right under the background of big data;finally,in view of the current dilemma of personal information protection in China,it tries to put forward corresponding suggestions for improvement,which aims to make contribution to the enactment of Personality Rights Code of Civil Code and Personal Information Protection Law in the future,also provide some ideas to the follow-up scholars who study the topic. |
