| With the continuous development of network and information construction,China has become one of the countries with the largest production of network data and the richest data types in the world.However,the development of information technology is a double-edged sword.Technological innovation and wide application of big data,artificial intelligence,in-depth learning and cloud computing have brought us intelligent,convenient and efficient life,but also increased the risk of personal information leakage.Because of the prominent value of personal information data resources in the network era,data leakage and network security incidents emerge in endlessly,which brings new challenges to personal information and privacy protection.In recent years,various information leakage incidents have aroused people thinking about the protection of personal information.Driven by commercial interests,illegal elements,through means of data theft,information embezzlement,phishing,telecommunication fraud and other means,have formed an illegal industrial chain around personal information,seriously violating citizens;personal information and privacy security,resulting in huge economic losses and adverse social impact.。 Therefore,how to effectively protect the privacy of personal information through law has become a major focus of the development of national legal system.User personal information protection has become one of the most important and hotspot areas of user rights protection.In addition to the introduction and conclusion,this paper is divided into five parts.The first part discusses the basic theory of personal information rights.Starting from the definition of personal information right,this paper analyses the concept of personal information and the characteristics of personal information right,and expounds that personal information right is a civil right with personal attributes.This paper analyses the content of the right to personal information,especially the right to know,the right to benefit and the right to relief.It also discusses the nature of individual rights from the three theories of privacy,personality and property rights.At last,it is discussed that the right of personal information is an independent civil right.The second part elaborates the current situation and problems of personal information security protection legislation in China.Firstly,it combs the current situation of personal information protection legislation in China.Then it gives an overview and analysis of the protection provisions of personal information security in the Network Security Law.It also cites cases to illustrate the changes in the field of personal information protection after the implementation of the Network Security Law.It concludes the limitations of the current legislation on personal information protection.Firstly,there is no specific law on personal information protection in China.Secondly,the enforcement of relevant laws and regulations in the field of network security is not enough.Thirdly,the relief mechanism is not perfect enough.The third part compares and analyses the legislation of Internet personal information protection in the United States,and deeply analyses the legislation of Internet personal information protection in the United States.From federal legislation to state legislation,and then to the proposition of the Federal Trade Commission of the United States,this paper analyses the protective model of the United States,in which market rules are the main and government management is the supplement.In particular,the implementation of the privacy policy by the Federal Trade Commission of the United States was discussed.Finally,the Enlightenment of American privacy protection legislation to our country is discussed,which is pertinent and professional.It pays attention to integrity and details,and effectively balances the relationship between protection and innovation.The fourth part,from the perspective of network security to strengthen the protection of personal information ideas and suggestions.Firstly,the general idea of protection is discussed,that is,how to balance information sharing and protection,how to fully realize the coexistence of big data challenges and opportunities for network security,how to formulate relevant policies and regulations to regulate the development of personal information,and how to effectively take into account the development of network security and information technology.Then the protection countermeasures are discussed from four aspects:legislation level,industry level,individual level and technology level.The national unified legislation plus the mode of industry self-discipline is more suitable for China’s national conditions.A third-party supervisory body is established for the implementation and implementation of relevant laws and regulations.Secondly,the individual level should strengthen the protection consciousness,the protection ability and the construction of good faith through three aspects.In addition,Internet technology should be strengthened as a means of protection at the technical level. |
