Crisis And Response Of Privacy Protection In The Era Of Big Data

Privacy is the epitome of human value,and has extremely strong fluidity.In the era of big data,privacy is stored in the form of data,which penetrates the original physical space and extends to the virtual digital space.The boundaries of traditional privacy are broken,the exclusiveness of privacy is difficult to achieve,and the "isolability" of privacy is extremely compressed.Under the discipline of digital technology,modern people have formed exchange privacy information actively or passively to meet the sharing and efficiency pursuit.Digital survival has become possible.Exposed to the ubiquitous digital monitoring,privacy has entered the "panoramic open prison",which has become a real crisis of privacy protection in the era of big data.Under the technical control of big data and algorithm,modern people are domesticated by the efficiency dividend and sharing demand brought by digital technology,and become the objects to be analyzed and observed.The characteristics of independence and autonomy are weakened,and the subjects of right of privacy gradually show the characteristics of "One-dimensional person".As a digital mining technology,the algorithm has the limit analysis ability,which makes the information that does not constitute privacy alone is combined with other relevant information,coupled to the privacy information that is descriptive,refers to the privacy,and identifiable,forming a complete personality portrait,and integration becomes a new state of privacy.Under the interactive influence of law and big data technology logic,the absolute control of personal information becomes a false proposition due to the lack of legal basis and practical feasibility,and the effectiveness of personal information cybernetics is impaired.The concealment of digital infringement makes the power of right to privacy turns,from passive defense to active request.The special knowledge partition formed by digital technology catalyzes the emergence of "algorithmic power" and weakens the principle of consent.The multi-level change of the subject,object,content,power and exercise of right to privacy is called the crisis of privacy theory in the era of big data.The data correlation takes precedence over the accuracy and the rigor of the judgment of causality,and the contradictory game between the two has become a technical dilemma in the identification of tort liability.The difficulty of proving mental damage is high,and the court applies the objective standard of mental damage judgment rigidly,which leads to the wrong tendency of weakening the existence and severity of mental damage by the subjectivity of mental damage.The fuzzy treatment of the boundary between privacy and personal information in the legislative level is difficult to adapt to the new problems in the privacy infringement caused by the big data technology,resulting in the difficult identification and weak protection of privacy interests in the judicial level,which is called the crisis of the privacy protection mode of big data.Privacy information penetrates the original pure private domain,enters the unfamiliar relationship circle,and presents the tendency of sharing.If privacy is only defined in a static and rigid way,it does not meet the expectation of privacy.Therefore,it is necessary to re-examine the absolute standard of privacy disclosure and explore the relative standard of privacy disclosure.User identity is not a single,constant,relative to the status of the natural person which is independent,it is extremely passive.Based on the gap of technology level and the disadvantage of digital resources,users are in a weak position in the field of data control and information interaction,and the paradoxical relationship between privacy and identity has become a difficulty in the big data technology scene.Therefore,the concept of "information subject" should be introduced and the legal status of information subject should be reasonably set.The service providers who master the digital technology and the government become the new subjects to participate in the benefit measurement.The balance between the interests of personality,efficiency and society is more acute and the measurement of interests is more complicated.With the two-way interaction of algorithm power and state power,the right to privacy needs to deal with the erosion of dual power,which inevitably becomes a victim,and becomes a myth of privacy protection under the new power structure.It is necessary to identify the interests of information subject,the core enterprises mastering digital technology,public power represented by the government,and properly balance the interests of the three parties.The efficiency orientation of algorithm has obvious instrumental rationality,and the human dignity of privacy protection belongs to the category of value rationality.It is difficult to resolve the value contradiction simply by relying on technical governance.The naturalization of algorithm technology governance should be strengthened by law.