| “Digital have memories.” With the rapid development of mobile Internet,blockchain,big data,artificial intelligence and other data technologies,the digital economy market is booming,and human society is gradually moving towards the digital age.People are becoming more and more accustomed to data exchange through network platforms,and the digital world is highly integrated with the real world.As a result,a large number of digital traces have been left in cyberspace.Among them,there are many sensitive data that point to personal privacy,posing a hidden danger to personal data.In 2017,China took a key step in the legal provisions on the protection of personal data and information on the Internet.The General Principles of the Civil Law and the Cyber Security Law have successively incorporated the right to personal information into the civil rights system,clarifying the protection obligations of various network service providers,Increase the protection of personal data on the Internet.As a hot new technology,the blockchain has innovated the existing trust mechanism with its decentralization,strong confidentiality,security and efficiency,and has been vigorously promoted by the country.However,the application of this technology has become more and more controversial as the call for enhanced personal data protection has increased.Because the application of blockchain is inseparable from the support of a large amount of data accumulation,the data recorded on the block is not only the core asset of the blockchain enterprise,but also the digital extension of the personal personality of the citizen,so the blockchain server If these data are not used reasonably or even infringed,it will further damage the personal personality of the individual.This overlapping of the object of rights has caused friction between blockchain technology and personal data protection.Coupled with the technical characteristics that the data recorded on the blockchain cannot perform any secondary processing,it is difficult for the blockchain server to fulfill the obligations of deletion and amendment in the existing personal data protection regulations,further exacerbating this technology and law Conflicts,impacting existing social governance models and legal systems.Strengthening the protection of personal data is a reflection of the improvement of human rights content,and also an inevitable trend for the further development of human rights protection in a digital society.Data is a vital resource in a digital society.The economic value of data and the social value of blockchain technology have also been reflected in practice.How to reconcile the two values and how to prevent the value of data from being hindered Strengthening the protection of personal data and online personal interests is an issue that needs urgent consideration in current legislation.The storm of technology cannot ignore the technology itself.In the face of the conflict between blockchain technology and personal data protection,it is necessary to jointly manage the two aspects of system and practice.Therefore,it is necessary to re-examine the status quo of personal data protection legislation in China from a theoretical perspective,clarify the scope of personal data protection and the degree of restrictions on the use of personal data by blockchain service providers,and analyze and draw on mature personal data legislation experience outside the domain to improve China.Legislative model of data protection;from a practical perspective,examine the technical nature of blockchain and the feasibility of legal requirements.Focusing on the development of science and technology and the combination of China's specific national conditions,the two-pronged approach explores the limits of personal data protection in the context of the widespread application of blockchain technology.The contradiction between the protection of rights and interests has established a personal data protection legal system with Chinese characteristics. |
PDF Full Text Request