Civil Law Protection Of Personal Data In The Era Of Big Data

With the progress of society and the development of science and technology,we have unwittingly entered the era of big data.In the era of big data,based on data analysis and mining technology,the value of personal data can be developed,but at the same time,personal data is frequently infringed,and harassment of fraudulent calls,theft of personal data,and public sales of personal data are constantly emerging.However,the legislation on the protection of personal data in China's personal data shows obvious lag.There is a lack of systematic and relevant civil legislation related to personal data.The regulations are too general,the scope of personal data and personal privacy protection needs to be clarified,and the personal data infringement liability is not perfect.The problem of unreasonable distribution of the burden of proof of data infringement.Based on this background,it is urgent to improve the civil law protection of personal data.In the specific measures,the comprehensive legislative model should be adopted first,supplemented by separate legislation in special fields and industry self-discipline system on the basis of high standards of unified legislation.The principle of clear objectives,the principle of data accuracy,and the principle of data security should be adopted in the establishment of basic principles.At the same time,the personal data right should be clearly defined in the legislation.It should be a new type of civil right with both personality rights and property rights.The subject of personal data rights should be a specific natural person who can identify the identity and its object.It should be limited to personal data with “recognition”,and the specificcontent of personal data rights can be set as consent,access to copy,right to know,right to correct,right to delete,transferable right,and right to benefit.In the personal data tort liability system,the principle of fault presumption should be adopted in the principle of liability,and the method of liability commitment is also stipulated separately for infringement of the different interests of the subject of personal data.The exemption of personal data infringement liability can be set to the needs of the national public interest,the need for scientific research,the need for public information,and the consent of the individual's data subject.