Research On The Private Law Protection Of Personal Information In The Context Of Big Data

People use Big Data technology to dig deeply,analyse and use the huge amounts of data can acquire significant commercial values.However,Big Data also poses a serious challenge to the protection of citizen's personal information.Personal information contains citizens' personality interests and property interests,so emphasis should be placed on the protection of civil law to personal informations.This thesis studies personal information protection in private law under the background of Big Data era.In addition to the introduction and conclusion,this thesis consists of three parts,The main components are as follows:The first part expounds the basic theories of big data and personal information.Firstly,the concepts,characteristics and classification of big data and personal information are expounded;Secondly,thesis analyse that personal information have the dual attribute of personality right and property right;then the thesis analyse risks of personal information security in big data era.The second part studies the status of private law protection of personal information,mainly focuses on the mode of protection abroad and the current situation of private law protection in China.by examining extraterritorial patterns of personal information protection,we can find that the EU and the US show different tendencies to protect personal information.EU adopts integrated protection model,focus on data regulations.the US adopts decentralized protection,put more attention to the utility value of information,so the model of EU and US can be used for reference when we constructing the protection system of personal information in private law.Then,this thesis sum up the situation of China's personal information protection in private law.overview General Civil Law,Tort Liability Act and other private laws.this thesis also summarized the present situation of personal information protection in judicial field,the judicial protection of personal information shows three characteristics:the number of cases has increased greatly;privacy disputes account for a large protection;low number of successful cases.the dilemma of personal information protection include:lack of systematic legislation;lack of personal information right;protection without distinction;judicial criteria is unclear;the burden of proof is unclear;compensation for tort damages is deficient.In the last part,I put forward some own opinions for individual information protection to achieve value balance:constructing the characteristic private law protection system of personal information;forming the protection mode of combining legislation with industry self discipline;improving legislation technology;constructing personal information protection in Contract Law and Tort Liability Rules and improving judicial procedures.