| Personal data refers to the data that can directly or indirectly identify a specific subject,mainly including one or more data of physical,psychological,economic,cultural or social identity such as id card number,gene,fingerprint,occupation,financial status,human gene,etc.In general,personal data has such characteristics as identifiability,content diversity,non-exclusiveness,and personal and property attributes.In the era of big data,the challenges facing the protection of personal data mainly come from the threat to individual rights caused by the excessive collection of personal data by the government,the intrusion brought by the precision marketing of merchants to personal life,algorithm discrimination,the failure of traditional legal protection system and so on.Accelerating the legislation of personal data protection is not only conducive to the development strategy of big data that serves the country,but also protect personal dignity.In the legislation of personal data protection,the legislative experience outside the region is worth learning from.Currently,there are mainly three legislative modes of personal data protection in the world: "self-regulation dominant mode","country dominant mode" and "hybrid mode".(1)"self-regulation dominant mode".The United States is the representative of the self-regulation dominant mode.It has not formulated an independent personal data protection law,but has chosen the mode of industrial self-regulation and legal regulation as the auxiliary mode to protect the rights of personal data.(2)"government-led model",the eu is "the representative of government-led model",the eu protects personal data as a fundamental right of citizens,and the eu strictly restricts and supervises the use and circulation of personal data.(3)"hybrid model",represented by Japan,which has absorbed the experience of the European Union and the practice of the United States,pays more attention to the balance between the protection of personal data and the free flow of data in legislation.At present,the protection of personal data by relevant legislation in China can be divided into direct protection and indirect protection.The legislation of direct protection is mainly reflected in the criminal law and administrative law,while the legislation of indirect protection is mainly reflected in the constitution and civil law.However,a number of places have started to legislate on the data issue.At present,the main problems of personal data protection legislation in China are :(1)the lack of unified legislation on personal data protection;(2)lower legislative rank;(3)Lack of judicial remedy system;(4)the legislative speed is slow,which cannot fully meet the requirements of economic and social development in the data era.In the future,China’s legislation on personal data protection can learn from Japan’s hybrid model to enhance the protection of personal data while promoting the flow of data.Legislation should establish the rights of citizens to be informed and consent,right to be forgotten,right to carry data,etc.The principles to be adhered to in legislation include: informed consent principle,classification protection principle,collection limitation principle,user responsibility principle,individual participation principle,etc.In the aspect of data rights relief,it can provide legal guarantee for the protection of individual data rights through the establishment of the system of beforehand supervision and afterwards relief. |
