On The Construction Of The Legal System Of Personal Data Rights In China

The development of science and technology has made today’s society enter the era of big data.The development and utilization of data has become one of the main driving forces for social progress and economic development.However,the arrival of big data has also inevitably threatened our economic order.For example,the phenomenon of personal data infringement is common,and underground black market data transactions are growing wildly,and so on.As far as China’s current laws are concerned,there are only a handful of laws that can be applied to personal data protection,and a complete personal data protection system has not yet been formed.Therefore,our country needs to legislate to protect personal data..This paper analyzes and compares the legislative models between the European Union and the United States.It is proposed to construct a diversified personal data protection system in China.The main contents of this paper are as follows:The first chapter mainly introduces the theoretical basis of the construction of personal data rights.Firstly,it summarizes the origin and development of data rights.Secondly,it defines the concept of personal data through the analysis of personal data and personal information.Then it expounds the theoretical basis of personal data right construction from the perspective of personality rights and property rights.Finally,China’s current disputes over the ownership of personal data and the establishment of personal data rights in this paper.The second chapter mainly introduces the background of the construction of personal data rights in China.Starting from the development of social economy,it is stated that the current social development has entered the era of big data,and the commercial value of personal data requires corresponding legal norms to adapt to economic development.Then,from the current situation of the protection of personal data rights in China’s laws,the protection of personal data rights in China’s current legal norms is clarified.Finally,from the perspective of data infringement,the protection of personal data security is urgent.The third chapter mainly introduces the extraterritorial legislation on personal data rights.By analyzing the characteristics of the legislative model of the personal data rights of the EU and the United States,and then based on China’s national conditions,we will find a legislative modelsuitable for China’s current situation.The fourth chapter is the specific content of the construction of personal data rights in China.Firstly,it expounds the choice of legislative mode of personal data right in China and the legislative principle of personal data protection.Secondly,it discusses the specific content of personal data right and property data right,and then expounds the infringement liability of personal data from the perspective of tort law.Finally,From the perspective of the regulation of personal data and industry self-discipline,the protection measures for the security of personal data rights are expounded.