Research On The Balance Of Personal Information Utilization And Protection

The wave of big data era has swept away from the rapid development of information technology.The diversified value of personal information has made it an important social resource.Information has penetrated into all aspects of social life.Operators collect and analyze personal information to distinguish consumer groups and formulate business strategies.The government establishes different types of information bases to achieve administrative management and maintain social security.Even information entities can Get more convenient and higher quality social services through the external image presented by good personal information.However,while enjoying the dividends of the big data era,the security of personal information has become increasingly fierce and is facing unprecedented challenges.In the process of using personal information,information leakage and abuse are very common.Individuals do not know when and where their information is collected and used by people.Various kinds of marketing information and fraudulent telephone calls in daily life are not uncommon.However,the widespread use of personal information has become an irreversible trend of the times.There have been tensions and contradictions between the widespread use of personal information and the strong protection needs of information subjects.Therefore,how to promote the effective use of personal information and ensure the security of personal information,so as to achieve the balance between the two is an urgent problem to be solved.This balance is not only the common pursuit of the legislative value of each country,but also the inevitable choice to maximize the social utility of personal information in the information society.Starting from the two basic concepts of personal information and personal information rights,this paper points out the fundamental characteristics of personal information "recognition" and analyzes the three values of personal information.Then it studies the conflicts between the use and protection of personal information in detail,points out the types of conflicts and explores the related causes of conflicts.On this basis,it is pointed out that it is precisely because of the existence of conflicts that the balance between the use and protection of personal information is derived..From the perspective of comparative law,it introduces the institutional experience of the United States and the European Union in balancing the use and protection of personal information.Combined with China's national conditions,with reference to the two different paths of the United States' decentralized legislation and the EU's unified legislation,relevant enlightenment can be obtained in terms of legislative model and legislative value orientation.Finally,the relevant suggestions on constructing the balance mechanism of personal information utilization and protection in China are put forward,which are elaborated from three aspects: basic principle,personal information utilization market and personal information security system.It is expected to focus on the use and protection of personal information.Only by achieving the balance between the use and protection of personal information can we maximize the protection of individual rights and the value of personal information.