Exploration And Analysis Of The Private Law Protection Of Personal Information In The Horizon Of Big Data

Big Data is an information asset with a large number of data sets,which can bring economic benefits to the main body of society.Its universal application has changed people's production and life.At the same time,facing the brand-new processing technology and the huge information system,the personal information security also faces the unprecedented challenge.In order to deal with the increasingly serious and complex problem of information infringement,China has increased its legislative strength in recent years,the general provisions of the Civil Code,which came into force on 1 October 2017,for the first time protects personal information as a personal interest in private law.But objectively speaking,the protection of personal information in our country's private law is still relatively weak,and can not deal with the challenge of big data to personal information security.Therefore,this article will comb the personal information protection theory,on the basis of the current situation of our country,discusses the shortcomings of the traditional personal information protection model.On the basis of this,the author puts forward some suggestions for the construction of the private law protection system of personal information in China.The main body of this article includes the following four chapters.The first chapter mainly introduces the background of big data and the concept of personal information,the way of definition and the discrimination of other similar concepts.The second chapter starts with the analysis of the new challenges of personal information in the big data perspective,by comparing the protection of personal information in our public law with that in the extraterritorial law,to demonstrate the necessity of personal information protection in our country's private law.The third chapter points out the deficiency of personal information protection in our country's private law at present,they are that the personal information has not been classified,the personal information is only protected as a legal interest,the holder of the information is not obliged to play,and the tort liability system for theinfringement of the personal information network has not been established.The Fourth Chapter aims at the deficiencies of the third chapter,this paper puts forward three suggestions on how to improve the protection of personal information in private law from the perspective of Big Data: To classify personal information,to make personal information right,to perfect the obligation and norm of information holder,and to construct the tort liability system of personal information network.With a view to providing scientific and modern private law protection mode for personal information.