The Civil Law Protection Of The Commercial Use Of Personal Information In The Background Of Big Data

Personal information is what each of us has known to a small number of people around us.Under the background of big data,large-scale commercial use of personal information has had a great impact on our daily life,and the use of various electronic devices and surfing may leak our personal information.Businesses collect information in a variety of ways for their own business interests,and then sell their products through precise marketing.At the same time,personal information has been equated with general goods,through sales and other ways to produce economic value.All kinds of economic acts must be regulated by law After analyzing the commercial utilization of personal information,the author explores the legitimacy of its regulation and makes it better to explore the commercial value of personal information itself.This article carries on the discussion from the following parts:In the introduction part,the author explains the background,significance,thinking and method of the thesis.In the first chapter,the author analyzes the concept and definition of personal information from the background of big data,and analyzes and generalizes the concept and definition of personal information from the point of view of judicial practice.This paper makes a theoretical and case study on the commercial utilization of personal information.The second chapter defines the use of personal information business,and makes a corresponding analysis of the way of obtaining and using personal information business in big data background.Access to personal information includes the collection of personal data and the reuse of personal data,the commercial use of personal information includes the direct use of personal information for marketing,information services companies to sell personal information,Direct sales of personal information,etc.In the third chapter,the author analyzes the problems of personal informationunder the background of big data,which includes both theoretical and practical aspects.On this basis,the causes of these problems are analyzed and summarized,including individual level,social level and government level.Referring to the existing legislation on personal information in our country and combining with Article 111 of the General principles of Civil Law in China,this paper puts forward the deficiency of personal information protection,and analyzes the reasons for these deficiencies.In the fourth chapter,the legislation of the United States,Germany,Taiwan and Hong Kong is selected to analyze the legislation related to the protection of personal information outside the territory of the United States of America,Germany,Taiwan and Hong Kong.The purpose is to draw lessons from the experience of extraterritorial legislation,combined with the actual situation of our country,put forward relevant legislative recommendations.The fifth chapter through the analysis of the previous chapters,in the last part of the author put forward his own personal information commercial use of civil law protection.In the future Civil Code,both the contract law part and the tort law section put forward their own ideas and suggestions on the regulation of the commercial utilization of personal information.Conclusion on the basis of the above analysis,the author thinks that the commercial utilization of personal information should be regulated in the future Civil Code in China.The commercial utilization of personal information is defined as the license contract of personal information service,which is divided into two parts: the initial license and the re-license of the personal information service license.In tort law,commercial infringement of personal information should distinguish the subject: state organs and non-state organs,and apply different imputation principles to them.For network operation providers,penalty mechanism should be introduced.