Legal Policy Choice Of Private Information Protection In The Big Data Era

In the era of big data,the interests carried by personal information have turned to diversification,and its commercial use has become widespread.This has created a value tension between the data development and utilization of personal information and legal protection.Building on China's Current Personal Information Protection System.It is not difficult to find.In strengthening the protection of personal information or promoting the commercial use of personal information,the policy position behind the current law is not clear.This has led to the duality of legal protection and encouraging the development and utilization of data in practice.There are divergent differences in the choice of value.Ideally,the private law protection policy of personal information must fully take into account the characteristics of dynamic personal information commercial use scenarios in the big data era,and the characteristics of diversified carrying interests.This article will take this as a guide for China's current A series of misbehaviors in the protection of personal information in private law are used to correct micro-systems.First of all,the definition of personal information serves as the starting point for the construction of a personal information protection system,which determines the scope of protection.Judicial practice tends to make a limited identification of personal information and favors the development and utilization of data.This approach greatly reduces personal information.At the same time,the definition of personal information in the law draws on extraterritorial experience,showing the trend of opening personal information boundaries,reflecting the greater emphasis on the protection of legal interests in legislation.This differs greatly from judicial practice in the value orientation,This will lead to the inability to provide clear and stable behaviorexpectations to the parties involved in the ownership dispute.How to bridge the conflict between judicial experience and the value of legislation and achieve a smooth transition has become an urgent problem to be solved.Second,when the pending information is defined as personal information,the characterization of its ownership will affect how to protect it.For this reason,the right status of personal information has not been established in law,but decentralized legislation has been adopted to use personal information.Conduct behavioral regulation.This provides relatively clear compliance guidelines for personal information acquisition managers,but the scope of the legal interest protection of personal information subjects can only be reversed based on the behavioral boundaries of the counterparty.The process of commercializing personal information therefore lacks rights The discretionary space makes it difficult to provide flexible protection for personal information carrying different legal interests.Finally,the solution of the above two issues should be based on the dual value balance of legal interest protection and data development and utilization.For the definition of personal information,the specific application of its definition criteria should be "scenarioized + purpose-oriented reduction" Hermeneutic structure.In this way,the personal information that carries the interests of people with different densities will be protected differentially and the value of information development and utilization will be taken into account.For the determination of the ownership of personal information,a legislative model of rights regulation should be adopted to legally recognize its right status.On this basis,an interest incentive mechanism is introduced to build a bargaining platform that can conduct equal negotiation on personal information rights and interests to maximize the benefits of both parties in the commercial use of personal information.At the same time,it can provide a new perspective for the future personal information legislation to establish personal information rights.