Research On The Civil Law Protection Of Personal Information In The Era Of Big Data

In the era of big data,due to the use of advanced information processing technology,personal information can be scientifically analyzed and then widely used.By analyzing big data,the government can make decisions that are more in line with public expectations.Enterprises can realize great business value by analyzing big data,knowing users' preferences,making the best business strategy.At the same time,the phenomenon of using personal information to seek improper interests is increasingly rampant.Both foreign countries and China have realized the importance of protecting personal information.At present,China's provisions on personal information protection are scattered in other laws,departmental regulations and judicial interpretations.The civil law protection of personal information in China is obviously lagging behind in legislation and lacks systematicness.There is no unified and complete law to protect personal information comprehensively.The general principles of civil law prescribes personal information,but it is more general and does not define the nature and scope of personal information.It has been widely discussed in academic circles and has not been well used in judicial practice.At present,there is no unified point of view on whether personal information is legal interest or right.The relationship between personal information and privacy rights overlaps,but they are also obviously different,so it is necessary to clarify the scope of the two.The main body of personal information infringement,the diversity of infringement methods and the difficulty of proof need to be solved urgently,and the legal suggestions in line with China's national conditions need to be put forward.Therefore,according to the research purpose,this paper is divided into five parts.The first part combines the research background of personal information protection to determine the research objectives,and analyzes that the protection of personal information belongs to the real needs.The second part defines the concepts of big data and personal information and analyzes the relationship between them and the right of privacy.Then combined with the cases,it summarizes the characteristics of personal information tort,such as diversity of subjects,wide range,simplicity and concealment,and the types of illegal collection,sale,provision to others,tampering and utilization,and analyzes the necessity of protecting personal information.The third part finds that compared with administrative law and criminal law,the civil law protection of personal information lags behind obviously and needs to be improved.However,in judicial practice,there are many problems,such as "criminal law first",the right of privacy as the cause of action,and the victim's difficulty in providing evidence.The fourth part compares and analyzes the decentralized legislation mode of the United States and the unified legislation mode of the European Union,and points out that China should strengthen national leadership and industry self-discipline,so as to protect personal information more comprehensively.The fifth part,combined with the above,proposes that China should make special legislation,improve the existing civil law,balance the interests of multiple parties to solve the conflict between the protection and use of personal information.