The Protection Of Citizens' Personal Information In The Context Of Big Data

In the era of big data,citizens' personal information is no longer confined to the categories of personality rights and privacy rights,but becomes a key and fundamental element of the modern businesses and public institutions.The collection,use and trading of information has brought unprecedentedly significant impact in the intelligent society-based individuals built on big data system.Today,citizen's personal situation,activity patterns,preferences,abilities,even ideas can be collected,organized,and excavated.A citizen's entire life can be reconstructed on the network with the help of a database.This is a huge leap in technology and concept for the whole society.However,in the absence of matched laws that are compatible with its technology,for the subject of data——people,it means a war.citizens should not be a tool for building large database,but should be the purpose of the entire big data society,thus this war to protect personal data cannot lose.In the first chapter,we will focus on the impact of big data on personal data,such as the emergence of new derivatives and development in the big data era,and the new risks that personal data suffers big data era.In the 1970s,countries in the world were carrying out legislative protection of citizens'personal data,while China started late,and personal information has been in a state of unclear protection and lack of targeted criminal law provisions.This situation was alleviated until the Criminal Law Amendment(?)officially incorporated the personal data of citizens into the wings of criminal law protection.The Criminal Law Amendment(?)passed on the basis of the Criminal Law Amendment(?)expanded the criminal subject,revised the objective aspect,refined the sentencing grade,and further strengthened the protection of the criminal law's legal rights.However,there are still many disputes in the actual handling of cases,and there are difficulties in applying them in judicial practice.The highest court judicial interpretations promulgated on May 8,2017 and officially implemented on June,the first time to clarify the scope of protection of personal data,conviction and sentencing standards,enumeration and explanation of serious circumstances.The efforts and effects of the above-mentioned legislation and judicial interpretation are obvious,but there are also some unfortunate problems.For example,the legislative model is relatively simple,the pre-emptive laws are not perfect,and the provisions of criminal objects and behaviors are not clear and comprehensive.The method of prosecution of personal data crimes is narrow.The second chapter of this paper mainly expounds the subordinate status of personal data in the protection of criminal law in China,and the new challenges faced by personal data protection in the era of big data.Looking at the extreme or negative impact of big data on the entire social economy,politics,culture and psychology,on the basis of it,to improve the criminal law protection of citizens'personal data in the era of big data,we must combine the the characteristics of big data,and draw on the experience of foreign advanced personal data protection legislation,combined with China's national conditions and political orientation,build a diversified personal data protection model,set up a special"Personal Data Protection Law",expand the regulatory boundaries of criminal law,and explore the introduction Private prosecution relief procedure.Nowadays,there are so many dissertations and news reports related to big data that people can have a deeper understanding of big data itself through reading and life.While improving citizens' cautiousness in information data,the law also protects citizens' personal privacy and data security,and guarantees the benign operation of the legal data industry and jointly achieves the ultimate goal of promoting positive and healthy development in the era of big data.