Study On The Legislation Of Personal Information Security Under The Background Of Big Data

With the development of Internet technology,it has provided great convenience for people's life and can not be separated from the Internet.People's network behavior also records personal information,web browsing trace and so on,and becomes the data for government departments.Companies carry out analysis for public services,combating crime or e-marketing.Big data's era of personal information broke through the traditional definition,covering a wider range,personal information has also become a valuable resource.Because the network technology is very convenient to obtain personal information,the cost is low,the potential commercial value is huge and the selling price is good,which forms the black industrial chain of personal information.From JingDong to FacThe most well-known network companies at home and abroad have been exposed to the scandal of the user's personal information disclosure,and the well-known companies are so much more concerned about the small and medium-sized network companies.The higher the individual information security has attracted the attention of the whole society,the more the voice of the special law is,the more and more suggestions are put forward in this paper through the study of the legal protection of personal information:The first chapter is the introduction.This paper introduces the background of protecting personal information security,and studies the significance of protecting personal information security.By consulting the research literature of important scholars at home and abroad,this paper summarizes the current research status in the field of personal information protection.The second chapter is big data and personal information.This paper mainly introduces the connotation,characteristics and operation mode of big data,the concept of personal information,the necessity of protecting personal information,the classification of personal information,the way of infringement and the characteristics of infringement.By combining big data with personal information,we can observe why the illegal acquisition of personal information,the serious behavior of using personal information and the difficulty of maintaining personal information security are caused by the way characteristics of big data's background personal information are infringed.The third chapter is the current legal protection of personal information in China.This paper introduces the historical evolution of the protection of personal information from the traditional protection of personal information to the protection of personal information under the background of big data,introduces the protection of personal information in Civil Law and Criminal Law in detail,and testifies to the efforts made by our country in protecting the security of personal information.At the same time,it also analyzes the shortcomings of the legal protection of our country,but because the legal protection of personal information security in our country starts late,and the experience is insufficient,there are many deficiencies in the legal protection of personal information security in our country.The author focuses on the fragmentation of legislation,civil law compensation and tort liability principles,industry self-discipline.Chapter four is the legislative experience of EU,USA,Germany and Singapore on personal information security.The reason why this choice these four as examples,in different aspects to provide reference for China's legislation.The "decentralized legislation industry self-discipline" model adopted in the United States,and the lagging industry self-discipline of personal information protection in China,can learn from the American self-regulation model "Chinese body and western use".German personal information legislation started early,and is also a civil law system countries,so it has the value of reference.The EU's exploration of personal information protection is more comprehensive,and the General data Protection Directive was issued in 2016.The idea of human information is advanced,which can solve the problem of personal information protection under the background of big data to a certain extent,so it is worth drawing lessons from.The special legislation of personal information in Singapore started late,and the situation before the legislation was very similar to that of our country,and the protection of personal information was also of great reference value.Chapter V provides solutions to the problems in Chapter III.Only by perfecting legislation and strengthening industry self-discipline can we fully protect the personal information security under the background of big data.