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Research On The Protection Of Personal Information Rights In The Age Of Big Data

Posted on:2020-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:M Z LiFull Text:PDF
GTID:2416330599954384Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Personal information has become an important resource and the commercial value of personal information has become increasingly prominent in the era of big data.The development of network tracking technology enables information collection to break through time,location,space and other factors,and can track user personal information across platforms and applications.Network service providers often use tracking technology to over-collect personal information beyond what is necessary for the service.The aggregation of personal information increases the risk of information disclosure in the era of big data.The illegal transfer of personal information and the illegal use of personal information and other violations of personal information rights have occurred from time to time.Although China has imposed penalties for violations of personal information rights,penalties have a threshold for entry Although Article 111 of the General Principles of Civil Law of China stipulates that personal information is protected by law,the law does not specify the attribute of personal information rights.Personal information rights can't be fully and effectively protected lacking of pre-emptive civil rights confirmation,.China's legislation on the protection of personal information rights is mainly concentrated in departmental regulations,which are embodied in the behavioral norms of operators in industries such as telecommunications and banking.In China,regarding the protection of personal information,China has the following shortcomings in the protection of personal information.t The first is the lack of clear rights and rights.The legal provisions on the rights of personal information are not clear.The second is that the protection of personal information rights is mainly departmental regulations,and the legal level is low.The third is that the protection of personal information rights is limited to banks,telecommunications.The norms of business practices in special industries such as online consumption have a small scope of regulation.The business practices are regulated and the scope of regulation is small Therefore,it is necessary to sort out the legal nature of personal information rights theory,and provide theoretical support for clarifying the legal attributes,connotations and categories of personal information.The protection of personal information rights needs to measure the rights of personal information and the interests of the big data industry.While focusing on industrial interests,it is necessary to strengthen the protection of personal information rights.Comparing the regulation methods of personal information protection in Europe and America,it is concluded that the protection of personal information can be inspired by multi-regulation.It can be combined with legislation and justice to strengthen industry self-discipline.There are different standards for judging the infringement of personal information in the judiciary.Different courts have different opinions on the distribution of the burden of proof of personal information infringement,which leads to different judgments in the same case.According to the principle of the unity of interests and responsibilities,the protection of personal information rights in the judicial construction of the burden of proof and compensation system to the information subject is more in line with reasonable principles.
Keywords/Search Tags:Personal Information Rights, Anonymization, the Measure of Interest, No-fault liability, the Compensation of Mental Damage
PDF Full Text Request
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