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

In the era of big data,the use of personal information is a double-edged sword.On the one hand,it brings great convenience and benefits to all subjects in the society.On the other hand,it is also very common to abuse and leak personal information.Compared with other department laws,civil law is more advantageous and easier to achieve this goal.To explore the civil law protection of personal information,we should first clarify the essence of personal information protection,so as to give better play to the role of civil law in the protection of personal information.Therefore,it is proposed to take social cybernetics as the theoretical basis,so that the civil law protection of personal information is based on the balance of interests in the whole process of collection and processing.Article 111 of the General principles of Civil Law only makes relevant provisions on the protection of personal information,but does not confirm the right of personal information protection,so the author thinks that on the basis of affirming the status of personal information right as personality right,clarify the content of personal information right around two aspects of personal information collection and processing,and restrict the use of personal information right through the principle of proportionality.There are relevant provisions in the Civil Code(draft)that refer to personal private information but do not define it,and there is a lack of legislation,so the author suggests that personal private information should be defined by enumerating and combining contextual to make the scope and boundary of personal private information more clear.Although there are exceptions to consent in China,it is difficult to balance various interests and cope with diverse social realities with only one justification basis information.Therefore,the consent rule should be improved and the exceptions to consent should be given the status of justification basis to make up for the defects.Due to information asymmetry and big data characteristics,the existing legal norms is not enough to deal with the rights and interests of information subject information controller and a third party processor encroach upon will face the facts is difficult to ascertain,no significant harmful consequences of difficult dilemma of proof,the author thinks that as the violation by the party should be the presumption of fault principle and joint and several liability as the core of personal information on the civil liability system with Chinese characteristics.