Improvement Of Personal Information Protection System Under Big Data

In the era of big data,personal information has become an important factor of production.At the same time,data security risks have become increasingly prominent.In particular,personal information leakage incidents have occurred from time to time.Cyber fraud and the cyber black ash industry continue to occur despite repeated prohibitions,which has brought serious threats to the personal and property security of citizens.There is an increasingly strong call from the public for strengthening personal information protection.Under this background,Article 111 of the General Rules of Civil Law stipulates the provisions on personal information protection,which lays the foundation for subsequent research in the field of civil law on personal information protection.However,Article 111 of the General Rules of Civil Law is only a declarative clause,which neither defines personal information nor defines the right to personal information,but adopts the vague expression of "personal information".Defining the concept of personal information and making clear the right to personal information is the precondition for protecting personal information security.This article introduces the provisions of Article 111 of the General Rules of Civil Law.The first part discusses and analyzes the concept and classification of personal information and the legal nature and basic content of the right to personal information.In the definition of personal information,this paper focuses on the judgment of "identifiability" standard,which should be restricted purposefully and judged situationally.The right of personal information shall be deemed as a specific right of personality,which is subordinate to multiple seed rights such as the right to know,the right of deletion,the right of correction and the right of enquiry.The second part is to the United States,the European Union,Germany's extraterritorial law inspection.In the field of personal information protection,the United States adopts decentralized legislation and industry self-discipline under the framework of privacy,while the European Union and Germany are unified legislation under the general personality right model.Our country should study the uniform legislation of EU,but the definition of the right of personal information should be determined as a specific right of personality.The third part is the analysis of the privacy policy of network operators.Privacy policies,as an important means to protect personal information,are not proactive in self-regulation,slow in responding to legislative requirements,and severe in formalization.Among them,the "All Is and All Is" management framework produced by "Informed Consent Rule" also objectively results in high cost and low efficiency in practical application,even goes against its own basic attributes.In view of the above question,the fourth part proposed the personal information protection consummation path.First,a classified protection system for personal information shall be established to focus on the protection of sensitive personal information and information about minors.Second,the system of mandatory disclosure of personal information safety report shall be implemented.Internet enterprises shall conduct security assessment for personal information on a regular basis,and regulatory authorities shall intensify the punishment against illegal acts concerning personal information.Third,improve the privacy policy and informed consent rules.We shall regulate the formulation of the privacy policies of the Internet industry,implement the privacy policies through the combination of administrative supervision and industrial autonomy and improve the mode of notification and consent.For example,setting privacy setting options,"one-stop" withdrawal and closing of authorization,and appropriately broadening the scope of application of optional consent,etc.