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Research On The Protection System Of Personal Information Rights Under The Background Of Big Data

Posted on:2021-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q JiaFull Text:PDF
GTID:2416330620463737Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the second half of 2019,5G technology has been commercialized.From the perspective of safeguarding civil rights,the author is keenly aware of the new impact that technological progress may bring to civil rights.5G is bound to make great strides in data transmission,storage,analysis,application and other technologies.The era of big data has ushered in an excellent opportunity for in-depth development.There is no doubt that the rapid development and wide application of big data has provided extremely convenient services for people's life,provided more scientific data analysis methods for enterprises,and provided more accurate decision-making basis for social governance.It can be said that it has penetrated into every aspect of our production and life.At the same time,however,the widely application of the large data also has brought the problem of protecting the right of personal information,abuse,to steal personal information frequent events has become a social problem that cannot be ignored,how to protect the right of personal information and ensure data balance between full circulation is the era of big data urgent legal research propositions.This paper consists of five parts.The main contents of the first part are the background of the topic and the significance of the research.It holds that the explosive development of big data has brought about a large number of risks of infringement of personal information rights.It is of great and urgent practical significance to strengthen the research on personal information rights in the era of big data.The existing research results at home and abroad were sorted out,and the research direction,research methods and innovation points were identified.The second part Outlines the protection system of personal information right against the background of big data,defines the meaning of personal information and personal information right,analyzes the legal attributes of personal information right,and considers that it has both property interests and personality interests,and is a new concrete personality right under the background of big data.Then it analyzes the influence of big data on the protection of personal information rights.At last,the paper summarizes the current situation of the protection system of personal information right under the background of big data in China,which paves the way for the discussion of the protection of personal information right and the deficiency of theexisting system in China.Third part under the background of big data of threat and the right of personal information protection system of the defect list by real examples,elaborates on the background of big data of threat and the right of personal information protection system defects,and puts forward the legislative defects of the existing protection system in China,judicial defects,problems such as information industry self-discipline role play is limited,further illustrates the system was carried out on the right of personal information protection urgency and necessity,and put forward corresponding countermeasures for later find out the direction and achieve the target.Fourth part outside comparison and Revelations of the right of personal information protection system in America,the European Union and Japan as the main research object,on the outside,especially in the developed countries and regions,analysis and comparison are made on the right of personal information protection system,from the legislative model,industry self-discipline,regulators,etc,from each director,to improve the system of right of personal information protection in China provides a feasible reference.The fifth part to perfect our system of protection the right of personal information under the background of big data suggested on the basis of above,based on the characteristics of big data era for our country to perfect our law protecting the right of personal information,first proposed the idea of five aspects,respectively is to adopt the legislative model of "combines unification",establish the basic principles of our country legal protection of personal information rights,obligations and responsibilities clear information providers,perfecting the personal information collection and utilization of the regulatory system,perfect the system of judicial protection.
Keywords/Search Tags:Big data, Personal Information Right, Specific personality right
PDF Full Text Request
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