Legal Adjustment Of Personal Data Protection Under Big Data Background

The key of personal data protection in the age of big data is to balance the relationship between privacy rights and the utilization of personal data.The traditional system of personal data protection is based on the rules of informing and consent.However,because of the multiple interest subject on the personal data,and the decentralization of personal data network,the application of original personal data protection system has its dilemma.According to the characteristics of the age of big data,maybe the theory of contextual approach and risk-based approach can be introduced in personal data protection.This paper is divided into three parts to discuss this problem:The first part mainly introduces the challenge of personal data protection under the background of big data.In this part,the author analyzes that the tradition definition mode of personal data,the rules of informing and consent,and the de-identification of personal data are unable to cope with the new normal of personal data development in big data industry.The second part analyzes the causes of personal data protection dilemma in the age of big data.Firstly,the author analyzes the multiple interests subject on personal data.In the step of collecting personal data,it should not give the personal data subject a strong right of control their own personal data.and combining the theory of contextual approach and risk-based approach,the author analyzes a reclassification of personal data.In the third part,according to the new form of personal data in the age of big data,the author designs the legislation of personal data protection in three aspects:the principle of personal data protection,the legal framework of personal data protection and the technical assistance independent from the law.