The Balance Of The Protection And Utilization Of Personal Information Under The Era Of Big Data

With the arrival of the era of big data,Internet technology has been widely applied,criminals' “precision” fraud,unscrupulous business continue to sell,has become a nightmare in the era of big data.The personal information is facing an unprecedented security crisis,and social tragedy caused by personal information leaked repeatedly staged.For a long time,the personal information of natural persons has been protected by law.It is a consensus formed by the legislature and judicial authorities in China.With the development of the internet and big data,a series of regulations regarding personal information on the internet have also been published.But in the past few years,the legislation regarding personal information is not complete,lack of systematic provisions and many normative documents are mere formality or only declarative regulations.The definition and protection model of personal information has not been specified explicitly.Until 2017,the “Cyber Security Law” came into effect,it made a specific definition of personal information and made a series of rules for the collection,use and disposal of personal information.The No.111 article of “General Principles of Civil Law of the People's Republic of China” has also emphasize the protection of personal information from the respect of basic law,but the the provisions expressed in " General Principles of Civil Law of the People's Republic of China " did not directly clarify personal information right as anindependent right of personality.Based on the characteristics endowed with big data era and specific crisis under the era of big data,firstly,the author analyzed the the crisis that personal information is facing.Secondly,in the second chapter and the third chapter,from the theoretical level of personal information,personal privacy and personal data to make the analysis of the concept to distinguish,and different types of personal information,legal attribute and components such as basic content for analysis.On this basis,the paper focuses on the related issues of personal information protection in China.First of all,from our path of relevant legislation and judicial practice,analyzes the legislative attitude in the field of personal information in each historical stage of change,and combining with the judicial precedent induces in the judicial practice is given priority to with privacy protection mode adopted by the mode of protection,thus draw the conclusion: the past protection model of personal information exists shortcomings,unable to cope with the change of crisis under the era of big data,and then analyze the necessity of establish personal information rights.At the same time,combined with“Cyber Security Law” and the provisions of article 111 of “General Principles of Civil Law of the People's Republic of China”,analyze the existing definition and related regulations,the range of personal information is too wide and the personal information subject to legal requirements for the use of personal information exist limitations.Finally,some legislative thoughts and suggestions are put forward in the end of the text,namely,the legislation of the law on personal information protection,which establishes the right of personal information.The limited protection scope of personal information and different protection standards and utilization principles to be set up for different types of personal information.Through the assignment of the right from the owner of personal information to some certain extent,utilization of information anonymously,and the combination of self-discipline,build some reasonable rules of information utilization,in order to preserve and promote personal information,from the legislative level,to reach a certain balance between the protection and utilization.