Research On The Legal Protection Of Personal Information In The Era Of Big Data

With the massive scale and convenience of information storage and transmission,human society has entered the era of big data,which also discuss the macro background of personal information protection.Personal information is a variety of information that can identify the personal identity of natural person independently or combine with other information.It is different from privacy and data.In the definition of legal attribute,it should be regarded as the protection object of human rights.Human dignity and information freedom constitute the theoretical basis of personal information protection.In the era of big data,personal information protection is facing the new challenges of data shaping personality and modern power control.Strengthening personal information protection is an urgent need in the era of big data.On the issue of "whether to protect personal information through legislation",China holds a positive position and adopts a decentralized protection mode.Article 111 of the general principles of the civil law makes up for the blank of civil law in the field of personal information protection,but the article itself has some defects.Reflecting on the current situation of personal information protection in China,there are mainly some problems in the protection of personal information,such as the lack of clear provisions for confirming civil rights,the lack of special legislation,and the absence of administrative supervision,which need to be further improved.Throughout the world,the United States,Germany and Japan have adopted different models to protect personal information.Based on the experience of developed countries and the comprehensive consideration of their own situation,the perfect path of personal information protection in the era of big data in China is to realize the legalization and refinement of personal information rights and their sub rights by stages,to promulgate special personal information protection laws as soon as possible,and to strengthen the administrative supervision of personal information protection.The paper consists of four chapters:The first chapter is the basic theory of personal information protection in the era of big data.It clarifies the concept of personal information and distinguishes between personal information,data and privacy.It also discusses the legal attributes of personal information,describes the theoretical basis of personal information protection,and analyzes the challenges faced by personal information protection in the era of big data.The second chapter is the legislative practice and reflection of personal information protection in China.This chapter systematically combs the basic context of personal information protection legislation in China,including the background,the track of change and the latest development.Then,it reflects on the problems existing in the current situation of personal information protection in China.The third chapter is the comparative study of personal information protection.In this chapter,the United States,Germany and Japan are selected as the comparative study objects to introduce and evaluate their personal information protection modes,which summarizes the inspiration of foreign experience to China.The fourth chapter is the improvement of personal information protection in the era of big data.On the basis of combining the current situation of personal information protection in China and foreign experience,the chapter puts forward some suggestions to improve personal information protection in the era of big data,Which is expected to be helpful to the subsequent construction of personal information protection system.