Research On The Protection System Of Network Personal Data By Private Law

Network personal data is the personal information directly generated by users in Internet activities and stored in the form of data.It is an important resource support for the development of big data industry.The contradiction between the development of data industry and the security of personal data becomes increasingly prominent with the progress of Internet technology.In the background of based public law,the private law protection of network personal data lags behind.The private law protection of network personal data faces dilemmas just like uncertain protection boundary,non-uniform legal nature which hinder the establishment of clear protection paths and subsequent systems.Through multidimensional analysis of network personal data,we can find that personal data on the Internet not only have the private right attribute of personal rights and property rights,but also have the public attribute of information dissemination and social recognition.It not only interweaves with personality rights such as privacy,but also contains potential property value.It not only carries the interests of individual data sources,but also plays the role of basic resources of big data industry.The private law regulation of network personal data focuses on seeking the balance between private right protection and public development,and opening up a win-win way in the game between users and data industry.The existing three main protection modes can't meet the requirements of network personal data protection in the Internet era.The protection model of personality right hinders the data transaction.The protection model of property right shows the inefficiency that is difficult to overcome.And the application of the protection mode of intellectual property right lacks legitimacy.The ideal protection mode should not be adopt to the law of intellectual property,ignoring the principle of intellectual property rights which is to protect intelligence production,and should not be adoptto the immature property protection model radically,sacrificing the efficiency of the data industry.Protection industry.Protection path of network personal data should give consideration to both personal value and property value,resolve the conflict of rights,adjust the existing protection model of personality right,make clear the quality of users' interests of data is a defensive and independent interests preventing illegal infringements,apply liability rules to weaken the dominance of users to the personal data and then make room for data industries to collect,use and circulate the data.Meanwhile,we should set subject responsibility of applying industry access permission,unifying operation network platform and establishing administrative registration procedures to the data industries.These measures can reduce the risk of data leakage or infringements by pre-review procedure,promote information publicity,establish effective record and traceability system,guarantee the citizen's right to know and lay the foundation for possible claim for infringement damages.Of course,data industries should also be given the dominant right to big data products,so that it can maintain the stable competition order among data industry,encourage data industries to participate in the construction of the big data industry actively,promote the prosperity and healthy development of the data industry towards a virtuous cycle.The independent legislation of Internet data law can highlight the typical characteristics of the Internet era,build an order for the use of government data,industrial data and personal data,and jointly commit to the governance of cyberspace with Cybersecurity Law of the People's Republic of China.Put the content of network personal data protection in the fourth part of the Internet data law can realize the consistency of the content and the integrity of the system.