Research On Legal Mechanism Of Personal Information Protection

With the rapid development of big data network age,people process,use and spread in different forms and paths.Before that,Internet technology has not been developed,so it can basically eliminate the abuse of information by formulating corresponding laws and regulations and regulating necessary facilities and personnel.However,with the rapid development of network technology,the protection of personal information is insufficient.The scope of personal information continues to expand.Personal information protection not only protects human dignity and personal security interests,but also promotes the development of information industry.How to balance the protection of rights and the development of big data industry is related to the interests of every information subject and the prospect of information development in China.However,there is no special protection law in China,and the legislation is in a vague and blank state.There is no special supervision institution for personal information,and the institutions for supervision of personal information protection are scattered,with low clarity of rights and responsibilities.Therefore,the protection in our country is in the dilemma of unreasonable protection mode,separate public and private laws,and disordered administrative supervision.Through the exploration of the EU model and the US model,learning from the experience of personal information protection in foreign countries,they all adopt the informed consent system,but in the development of judicial practice,they have changed.The EU pays more attention to the value of personal rights contained in personal information protection,favors the right protection model,introduces the legal interest exemption mechanism,while the US emphasizes big data production The development of industry tends to behavior regulation mode.Different national conditions and development background have created different levels of personal information protection and big data industry development in the EU and the United States.After the analysis of the experience of the foreign laws,we should carry out the localization transformation,and explore the suggestions for the improvement of the personal information protection in China.On the one hand,we should analyze the limitations of the informed consent mechanism and the necessity of the legal interest exemption,and get the optimization path of the personal information protection in China,which is to introduce the legal interest exemption system.On the other hand,the introduction of public-private law cooperation mechanism,from public law and private law to explore the protection of personal information.