On The Civil Protection Of Personal Information In The Era Of Big Data

In the era of big data,society's demand for the use of personal information is expanding rapidly.At the same time,the possibility of infringement of the rights and interests of information subjects has increased.Personal information protection has become a legal issue that needs to be resolved in the era of big data.Personal information in the era of big data has multiple values,and the law needs to form a balanced state between subjects through a more reasonable allocation of rights.Many new conceptual terms have emerged in the field of human information protection in the era of big data,leading to a certain degree of conceptual confusion.Personal information and privacy are two different concepts.The characteristics of privacy are privacy and privacy,while personal information emphasizes identifiability,and the two are in a cross relationship.Data is an intangible object.Personal information is identifiable information carried on the data.The two are the relationship between the carrier and the content.There are many ways to divide personal information,the most important of which is based on sensitivity.The civil protection of personal information in the era of big data has a wide range of value functions,including the content of defending freedom,maintaining order,promoting efficiency,and pursuing justice.There are disputes about the theory of personal information protection.These differences come from differences in ideas or technologies,but in any case,we should return to the actual situation in China to make judgments.Germany,the United States,and Japan,based on different legal theoretical bases,adopted different schemes in different contexts,and eventually formed three representative personal information protection systems.Germany's unified legislative model is relatively mature,and it is a typical example of civil law legislation.The United States adopts a combination of decentralized legislation and industry selfregulation.Japan's personal information protection model is a compromise based on the German and American models.In reference to the personal information protection model in China,China should base on the German model and formulate a set of civil entity normative systems that are conducive to the protection of personal rights and interests.From the perspective of legal protection,China's current civil protection of personal information is in a state where there is a law to follow but needs to be deepened and detailed.Civil legislation as a whole is in a fragmented state,with a small number of clauses,emphasis on the declaration of obligations and emphasis on principle,lack of legal consequences and specific rules for determining power,and its binding force is very limited.From the perspective of judicial practice,compared with criminal justice methods,civil judicial protection is still far behind in terms of quantity and intensity.The civil law regulations of China's personal information lack a perfect basic system of claims,a lack of protection of the property rights of information subjects,a lack of reasonable regulation of personal information processing,and a lack of top-level design of legislation.In terms of judicial remedies for personal information infringement,the existing litigation system is difficult to achieve good results.In order to adapt to the social development in the era of big data,China's civil protection of personal information should construct a more comprehensive plan.Considering the original intention of China 's legislature,the meaning of existing legal texts,the status of personal information processing in social practice,and public value orientation,China should establish a personal information protection concept of “personality protection” and choose the right to personality Protected mode.In view of the current legislative limitations,China should establish its level of rights and interests,implement its civil law attributes,enrich its rights content,and classify it into the content of personality rights.At the same time,it clearly clarifies the principle of responsibility for violating personal information rights and rationalizes personality The functional boundaries of personal information protection content in the Law of Rights and Tort Liability Law,and the optimization measures to regulate the handling of personal information.When responding to personal information infringement,it is uneconomical to sue separately,and it is difficult for China's representative litigation system to achieve good judicial results.In order to improve the settlement mechanism of personal information infringement disputes,China should introduce a class action system in American law and carry out localized transformation.