Legal Protection Of Consumer Data Interests In The Era Of Big Data

In the era of digital economy,it has become an accepted fact that data volume,scope and value are large,and the balance between big data development and personal data protection has become one of the greatest challenges of this era.Although consumers,as the main source of production data,enjoy the convenience of this age of data,they face more serious risks of privacy and infringement of legal rights.At the legislative level,although China's civil,criminal,administrative law on personal data protection has had principle provisions or judicial interpretations,but the number of legal provisions it protects is limited,the scope of application is relatively narrow,and some provisions lack operability.On the legislation level,based on the right of personality,it is difficult to protect the rights of the subject of information adequately by using criminal law.The protection from criminal law,which emphasizes accountability but under-emphasizes procedural Justice and comprehensive management,focuses on the punishment after the infringement of information rights,and thus can not defend in advance according to the characteristics of the personal data of natural persons.Through the investigation of the experience of extraterritorial legislation and the combination of China's national conditions,the problem of defining personal data needs to be first solved to enable effective protection of personal data.The traditional definition standard of personal data is abstract and typified,and the dynamic judgment method based on scene should be adopted instead.This paper suggests that,in order to promote the use of personal data and prevent the abuse of personal data,personal data of consumers should be protected under the framework of risk regulation and Consumer Protection.Besides using the principles of informed consent and Square Deal,which are specific to the Consumer Protection Act,and resorting to consumer rights groups for protection,establish a corresponding independent data regulatory agency,risk Assessment and monitoring of enterprise data usage.In this way,the construction of data protection system can better realize the dual purposes of personal data protection and data reasonable utilization.