The Legal Principle Of Chinese Data Processing In The Era Of Big Data

With the development of information technology and mobile communication equipment,from manufacturing to sales,every minute of human life,every corner of the world is generating massive amounts of data,and the era of big data has come already which is beyond doubt.The core content in the era of big data is data processing.Data processing determines the value of big data and it is the most important part of big data.However,in the process of information processing,there are a series of problems such as data leakage and algorithm black box that have brought threats and challenges to the existing laws,how to regulate data processing has become an urgent issue.Based on the complexity of data processing behavior,relying on a single legal norm is far from being able to solve this problem.We need to establish the legal principles of Chinese data processing to ensure that this issue is effectively regulated,so the we can sustaine the healthy development of China's economy.The first chapter of this paper expounds the concept of data processing by comparing and analyzing the concepts of data and information,data and big data.Then it lists the characteristics of data processing in the era of big data and analyzes the legal attributes of data processing.The second chapter of this paper analyzes the problems of data processing in the era of big data,from the problems in data collection,including the traditional "information-agree" architecture gradually fails,unauthorized access problems,data over-collection problems,to data storage problems and the problems in data processing,point out the loopholes and shortcomings in China's data processing in the era of big data,and point out the necessity and urgency of establishing the legal principles of data processing in China.The third chapter of this paper puts forward four principles combined with the General Data Protection Regulation and China's laws on data processing behavior: rationality principle,restriction treatment principle,fairness and transparency principle and security guarantee principle.and elaborated and analyzed the four principles.The fourth chapter of this paper points out the solution path when there is a conflict between the principles of data processing,we can ues the application of the human rights protection priority system,the public interest protection system,and the priority protection system for minors to regulate to better solve this problem in data processing.Therefore we can promote the development of China's social economy.