Research On Legal Issues Of Personal Information Protection Under The Background Of Big Data

In the 21 st century,the application of cloud computing and the big data technology has revolutionized the entire human society.People can use big data technology to gain more development opportunities and maximize profits.At the same time,the application of big data also brought some side effects.The application of cloud computing and big data has greatly increased the possibility of personal information leakage and its own rights are absolutely out of control.However,the legal protection of personal information security in our country is very inadequate.There is no distinction between the right to privacy and the right of personal information in law,but also the value of personal information is ignored.Based on this,this paper puts forward some views on how to perfect the legal protection of personal information in China by comparing and studying the legislative models of other countries in the world.The first part of this thesis: Explain the concept of big data and personal information separately.It also shows the 4V characteristics of big data and the value attributes of big data.The definition of "personal information" title and its connotation are defined,and the classification and deficiency of traditional personal information are analyzed.Finally,this thesis expounds the major challenges of big data and its technology to personal information protection from many aspects.The second part of this thesis: The status quo and problems of personal information protection in the context of big data.In the absence of a complete legal protection system,the current law does not effectively distinguish between the right to personal information and the right to privacy,which leads to the blank area of legal protection.Ignoring the property nature of personal information,the law does not recognize the property rights of personal information,and there are great obstacles to personal rights protection.The third part of this thesis: Comparative law research on personal information protection.This chapter mainly introduces the development process of EU countries,the United States and China's Hong Kong,Macao and Taiwan regions information protection legislation.It analyzes the reasons why the US adopts the autonomous normative model and the advantages of the European legislative protection model.In order to provide a reference for the choice of China's protection model.The fourth part of this thesis: This chapter is mainly divided into two parts.The first part is to establish the private law protection of personal information,from which protection mode to choose,which basic principles to determine,the content of personal information rights,legal liability and so on,to construct the basic framework of private law protection.In the other part,from the perspective of law and economics.The author insists that the law should recognize the property of personal information.After that,the author analyzes the realistic and legal basis of constructing the commercial trade market of personal information.On the basis of this,the author puts forward the idea of constructing the personal information trading market,that is,introducing a third party specializing in information processing as the intermediary of the information transaction between the individual and the commercial organization.In addition,special regulatory agencies are set up to monitor the operation of the trade market,especially the operation of third-party information processing agencies.