Reflection And Reconstruction Of The Basic Theory Of Personal Information Protection From The Perspective Of Public Goods

With the wide application of computer technology,human society has entered the big data era of "digital survival".Information resources have increasingly become important factors of production and social wealth,and the amount of information and the strength of information technology capability have become important indicators to measure the competitiveness of the country and enterprises.Among them,the protection of personal information(data)has become the fundamental problem of all big data activities and has attracted the attention of all countries in the world.On the traditional theory of personal information protection is a personal information control theory,this theory mainly comes from the theory of information privacy and German personal information self-determination theory,focuses on personal information collection,processing and utilization shall be strictly limited,not subject to consent by the information subject,no collection,processing and utilization.It has also been applied and reflected to varying degrees in the current legal systems of various countries in the world.However,with the change of technological environment and social status quo,the theory of personal information control has been questioned and challenged in many aspects,such as realistic effect and interest balance,and its fundamental role in the system of personal information protection has also been shaken.In fact,from the perspective of relevant studies on "goods" in public economics,personal information fully conforms to the description of non-competitive and non-exclusive goods in the classification of "public goods".Therefore,in the era of big data,personal information should not be regarded as the personal goods of the information subject,but as public goods with publicity.From this position,the individual value,public value and social value of personal information can be fully explored and utilized.The core issue of personal information protection system should be how to balance the diversified value contained in personal information.For China's personal information protection system,we should abandon the traditional theory of personal information control and emphasize the publicity of personal information.Adopting the public and private unified legislative mode,giving up the excessive attention to the collection link,and realizing the transformation from the right control of personal information to the protection path of behavior regulation and risk control.