The Legal Definition And Protection Of Personal Information In The Era Of Big Data

The development and progress of information technology have accelerated the pace of the global entry into the era of big data.Dynamic development of information technology makes the personality value and property value of personal information,exacerbated by a conflict of interests at the same time,citizens may inevitably leave traces on the Internet,almost no secret,of a third party to the use of personal information is also more diversified,personal information is also one of the indispensable resources become the era of big data.Therefore,how to balance the contradiction between the protection of personal information and the free flow of information is an urgent problem to be solved.At present,the protection of personal information in China mainly depends on the specific legal provisions scattered in the laws of various departments or the legal provisions on the right of privacy and reputation.However,the existing system can no longer cover all the connotation and extension of personal information,and the static legal provisions can not cope with the dynamic development of personal information.Therefore,China should combine with its national conditions to position the personal information,speed up the formulation of the personal information protection law,formulate the corresponding personal information protection measures,and create a positive network environment.The innovation of this paper lies in redefining the connotation and extension of personal information.Based on the analysis of the characteristics of personal information protection in the European Union and the United States,this paper proposes to introduce a scenario-based view on the premise of improving the informed consent model,and holds that the liability for damages of infringers should be strengthened.This paper is divided into the following four parts:The first part simply discusses the relevant concepts of personal information,briefly introduces the basic connotation of the concept of big data and the definition of personal information,indicating that there are obvious differences between the two,and analyzes the value attributes of personal information from three aspects:personality attribute,property attribute,public attribute and sharing attribute.The second part introduces the theoretical disputes of personal information in the era of big data.Starting from the disputes between the interests of personal information and the rights of personal information,it makes a clear positioning of the legal rights of personal information.On this basis,this paper analyzes the shortcomings of the theory of personal information privacy right and the theory of personal information property right.Finally,this paper introduces the multi-interest conflicts caused by personal information protection,which aggravate the dilemma of personal information protection and information circulation,and the informed consent system becomes a form.Therefore,it is urgent to solve the problem of personal information protection.The third part introduces the measures and characteristics adopted by the eu and the us in the protection of personal information.The eu emphasizes the protection of the personality interests contained in personal information,so the eu adopts the mode of uniform legislation to protect personal information.The United States protects personal information by combining decentralized legislation with market regulation to develop the property value in personal information.The fourth part introduces the current situation of personal information protection in China and puts forward some Suggestions.At present,China has not formulated the personal information protection law,the absence of legislation makes the current system difficult to deal with the complex situation.China should speed up the legislation process to establish the right of personal information,so as to ensure the value of information mining and circulation.