Analysis On The Legislative Protection Of Individual Information In The Era Of Big Data

With the advent of the era of big data and the rapid development of science and technology,some new technologies emerge at the right moment,such as social software,to promote the communication between people,VR,AR and other virtual reality technology to broaden people's horizons,shopping platform,taxi software to facilitate People's Daily life.All of these by all kinds of data interwoven together into a new field for people to enjoy a different feeling,the value of data is increasingly prominent,more precious.While big data technology brings changes to people's life style,it also quietly triggers a series of problems: personal information is frequently leaked or even openly peddled,identity information is embezzled for fraud,and personal information is stolen by viruses.In this environment,cases of information infringement occur from time to time,and the security of personal information is difficult to be guaranteed.In order to deal with such incidents,China's laws on personal information protection also began to appear sporadically in various departments,and personal information protection gradually received attention.But up to now,our country has not formed the more unified understanding to the personal information protection legislation idea.Therefore,it is very necessary to study the big data technology,personal information under the technology and how to protect the information security of citizens in this environment,and draw lessons from foreign experience to propose a legislative model of information protection suitable for China.This paper is divided into six parts:The first part is the introduction,which mainly introduces the research source,research purpose and significance,research status and research methods at home and abroad.The second part firstly expounds the concept of big data technology and its 4V characteristics,and briefly introduces the value characteristics of big data technology.Then elaborated the personal information concept and its connotation limit,demonstrated the personal information has the legal attribute.Then,combined with the content between big data technology and personal information,the characteristics of personal information in the big data environment and why personal information should be protected are clarified,laying a foundation for thecountermeasures of personal information protection that will be proposed in the following paragraphs.The third part analyzes the field in the fundamental law,law of legislation of personal information protection in the existing law,part of the legislative status quo of our country to make a brief comb,and probes into the traditional personal information protection and big data under the data protection information leakage phenomenon frequently leaked,the main body of widening and let the cat out of the way the diversity of the trend of development.In the fourth part,aiming at the problems in this field,such as unclear legal boundaries,imperfect corresponding legislation system and relief mechanism,chaotic regulatory status and weak sense of citizens' own safety,this part briefly analyzes the causes of the failure of traditional protection methods and conflicts of interests,and puts forward the prospect of China.The fifth part introduces the model of decentralized legislation and industry self-regulation in the United States,the model of unified legislation in the European Union and the model of unified legislation and industry self-regulation in Japan.Through the analysis of the three countries on the legislative model of personal information protection,to take its essence,discard its dross,draw useful experience for our country to use,to suit the case.The sixth part puts forward some countermeasures for the protection of personal information under the big data technology in China.From clarifying the boundaries of individual rights to speeding up the introduction of special protection law on personal information,adhering to the concept of people-oriented sustainable development,strengthening supervision and management in this field,and introducing a reasonable class action system in the relief system,at the same time carrying out law education to improve citizens' own safety awareness.