Research On Personal Information Legal Protection Of Social Insurance In The Age Of Big Data

The generation of personal information right of social insurance is closely related to the application of big data.China try to establish a unified national social insurance system in 1997,At that time,social insurance only refers to the insurance for employees of enterprises.The collection and use of relevant information mainly rely on enterprises and units,so the participation of the state is not high,and people also have little awareness of the protection of personal information rights in social insurance.With the development of big data application,information collection and processing in the field of social insurance have corresponding technical support.China has started to build a big data information platform for social insurance services,such as "financial insurance project",the collection and retention of personal information by government social insurance service institutions are also more powerful.Once people participate in social insurance,their relevant personal information will naturally be transferred to the hands of government social insurance service institutions,managed by them and used according to the needs of social public interests and development.However,due to the higher authenticity,detail and credibility of personal information of social insurance,once the data information is leaked,the harm will be greater.Based on the application of big data,this paper discusses the problems and improvement methods in the legal protection of personal information of social insurance by using the model of putting forward problems,analyzing problems and solving problems,and the methods of literature analysis,empirical analysis and comparative analysis.On the basis of reading and comparing a large number of domestic and foreign literature,reserch by field investigation,through the analysis of theoretical overview and protection status quo,we find the particularity of personal information right of social insurance in China: the duality of the subject,the particularity of the formation background,the inevitability of the development of socialist human rights,and on this basis,we put forward the special protection of personal information of social insurance.Based on the advanced protection experience of foreign countries,this paper puts forward the problems existing in the legal protection of social insurance personal information under the big data in China: unclear attribution of legal rights,unclear principle of liability attribution,no effective legislative protection,no independent legal supervision department,lack of deterrent punishment measures.In view of these problems,some suggestions are put forward: first,to clarify the legal ownership of theright of personal information of social insurance under big data;second,to determine the principle of no fault liability in the infringement of personal information of social insurance under big data;third,to establish effective legislative protection,legal protection system of personal information of social insurance under big data and relevant protection mechanisms and guidelines;fourth,to establish effective Fifth,from the perspective of different legal systems and different subjects,formulate deterrent punishment measures,so as to form the legal protection of personal information of social insurance in China.