Power Structure And Realization Of Rights In Personal Data Protection

Thanks to the widespread promotion of mobile internet technology and the emergence of "cloud computing",socioeconomic production methods and business models have undergone tremendous changes.But at the same time,every individual who is a living being has lost the freedom to be alone,live in transparency all the time,have nowhere to escape from the individual's life trajectory,and personal data rights are facing serious threats.Up to now,about 120 legislatures around the world have established specialized personal data protection laws and regulations,which show intensive and systematic characteristics in the development trend.Among the already formed pictures of the world of personal data protection,the EU and the United States are undoubtedly the best in the two regions with the longest history,the highest degree of standardization,the most complete system and the most far-reaching areas.In the era of big data,traditional rights concepts are being profoundly transformed,and traditional legal relationships are being rebuilt.Personal data has both property attributes and personality attributes.The rights attribute is quite controversial.The development of data cross-recognition technology makes the boundaries of rights tend to be blurred.Stereoscopic digital memory brings potential hidden worries,more like a "Dharma Sword" "Always hang above people's heads.The traditional institutional design for the balance of interests is only a static model of balance.The key to achieving static balance in the dynamic practice of turbulence is to give the data parties the ability to realize their rights accordingly.At present,personal data faces risks such as diversification of data rights subjects,alienation of subject power structure,and invalidation of data rights content.To clarify the current power structure between parties in the protection of personal data is to discuss the realization of personal data rights.In the "digital economy era",network operators have emerged as a "platform private power".With the help of algorithm iteration,they continue to expand in the field of private life and even penetrate into public management.The state is no longer just the guardian and supervisor of the neutrality of personal data rights,but also plays the role of personal data collector and processor."Digital government" has evolved into one of the important characteristics of contemporary government.In this context,individuals have become "bystanders" in the protection of personal data,and have no power to deal with possible infringements from "platform private power" and "national public power".The traditional static interest balance protection model is breaking down,and a new ternary protection model of "public power-platform private power-private rights" is taking shape.China started late in the protection of personal data and faced similar problems with countries such as the United States and Europe,but also had its own differences.This article focuses on the power composition in the protection of personal data outside the domain,analyzes the power structure in the protection of personal data,and summarizes their respective characteristics and common trends,in order to provide a reference for the realization of personal data rights in my country.Although the European Union and the United States have different legal traditions and different legal models for personal data protection,the two have commonalities in the power structure around personal data rights:no matter in Europe or the United States,individuals maintain "private rights" Most of the other parties' infringement is in a passive position,and their actions are extremely limited.At present,the more normalized private power protection mode is that the government "public power"supervises the "platform private power" according to its power and punishes its infringement,or the network operator "platform private power" to protect " "Private rights" in the name of fighting against the improper claims of "private rights" by the government's "public power".The traditional private power protection model deviated from its original intention to confront the government's "public power" at the beginning of its establishment.Its function was alienated,and the government's"public power" became the main dependant when the individual's "private power" was violated.Personal "private rights" are in the status of "represented" most of the time.They are disconnected from the tripartite power structure and become "bystanders"most of the time.At present,my country's personal data protection is faced with the embarrassing situation that "the law has no clear power and protection is scattered;infringement is widespread and protection is difficult".In the power structure of the tripartite main body of personal data in our country,the government's "public power" usually acts as the "spokesperson" for the user's personal "private rights",acting as its "mouthpiece"and supervising the "platform private power" data behavior.At the same time,in order to realize its management function,the "public power" can not be separated from the collection and use of personal data.The power structure among the three parties involved in the protection of personal data shows an "unbalanced" state.Seeking a balance of interests between the protection and use of personal information is the dilemma faced by personal information protection in the era of big data.At the same time,the power structure between the individual "private rights",the government's"public power" and the network operator's "platform private power",and the correction of abnormal and unbalanced power structures are the keys to realizing personal data protection in the era of big data.From the dual perspective of empowerment of "private rights" and empowerment of "private rights",suggestions are made for the improvement of personal data protection in my country.Technology backs up "private rights" to "enable" individual users and seeks to balance the power structure of the subject in personal data protection,which is the basis of personal data protection in my country.