| With the advent of the era of big data,mass personal information explodes and becomes an increasingly important social resource.This not only guides the new direction of national governance and creates commercial wealth,but also brings new problems to People’s Daily life and social management.The interests of personal information are not only related to the personal dignity and freedom of the information subject,but also related to the rights and interests of the information controller and the public.In this paper,based on the introduction of the definition of personal information,this paper discusses the legal protection of personal information model and the personal information collection and utilization of legitimacy foundation,to seek in the protection of rights and interests of information subjects at the same time,also to protect the rights and interests of information control,promote the information flow more freely and promote the digital development process of the whole society.The first chapter of this paper discusses the definition of personal information,and makes a distinction between personal information and similar concepts such as network data and privacy,so as to seek a clear demarcation of the boundary of personal information.Although the concepts of personal information and data have always been mixed in practice,they are actually quite different concepts.Data is the digital record after the generation of electronic coding technology,while personal information is the content that can directly or indirectly identify the information subject.Therefore,data and personal information should be the relationship between carrier and content.Personal information is carried on the data,and personal information is collected,stored and transmitted through the form of data.The two can be converted to each other in a dynamic situation.Personal information and privacy should belong to the cross relationship.The main feature of personal information is its identifiability,while the main feature of privacy is its privacy.Therefore,the private contents of personal information can be included in the category of privacy.Among them,the sensitive personal information most closely related to personal privacy is an important part of privacy.The content that can identify an individual directly or indirectly in privacy belongs to the category of personal information.In the early stage of its development,personal information was mainly carried by traditional paper media.With strong personal controllability,it is not much different from privacy.The protection of personal information can be realized through the protection of privacy and freedom of communication.However,with the advancement of social informatization and the increasing public nature of personal information,the traditional privacy protection mode has been unable to adapt to the development of the new era.In the author’s opinion,in the era of big data,the property interests of personal information are increasingly strong,which can no longer be covered by the privacy right mainly based on personality interests.Therefore,the legislation of our country should protect personal information and privacy differently.The second chapter discusses the construction of the legal protection mode of personal information.With the development of information technology,the value of personal information is developed more and more frequently and deeply.The freedom of information circulation is the source of information leakage,and the phenomenon of information infringement is increasingly frequent,which poses a great threat and harm to the private life and personal and property safety of information subjects.Although China’s legislation recognizes that the information subject enjoys certain rights and interests over its personal information and makes some regulations on the collection and utilization of the information controller,it does not give the information subject a clear right to personal information.The author thinks that it is necessary to construct a systematic system of personal information right protection based on the different legal protection of rights and interests.Personal information is the external personality mark of the information subject,and the personal information right in the early stage of the information society is more related to the personal interests of the information subject.With the continuous development of the value of personal information,the property value carried by information is increasingly strong,and the information subject and the information processor can claim certain property interests on personal information.Therefore,some people in the academic circle call for the regulation of personal information right as a kind of property right.However,the author thinks that the object of the right of personal information does not have the property of the property right,and its bearing of personality interests determines that it cannot be completely transferred.Therefore,the author proposes to regulate the right of personal information as the right of personality and construct special rules to comply with the trend of the commercialization of personal information.The third chapter discusses the limitation of legal protection of personal information.The interest of personal information involves not only the information subject,but also the information controller and the public.In the information age,personal information plays an important role in national governance,business operation and scientific research development.If we only emphasize the protection of the information subject’s absolute control over personal information,it will be detrimental to the free flow of information and value development.Therefore,the legislation should allow other subjects to collect and utilize personal information through legal channels.Among them,the most basic way is to obtain informed consent of the information subject,which is also the embodiment of the information self-determination right of the information subject.But with the advent of the era of big data,the informed consent principle is more and more difficult to realize.Once the information is uploaded to the network platform,it is difficult for the information subject to have absolute control over it.At the same time,it is also difficult for the network enterprise to obtain the real "consent" from the users when signing the privacy policy with them.Therefore,it is necessary for the legislation to perfect the user privacy policy,and for the consideration of public interests and other major interests,it is allowed to follow the principle of proportion and necessity in some special cases to achieve the balance of multiple interests,excluding the absolute application of informed consent principle. |
