| With the rapid development of information technology,China and even the world are gradually stepping into the era of big data.The Internet of things characterized by "everything connected" has broadened the data source,and intelligent algorithms have mined out multiple application forms of data.People find that data networks are more and more aware of their own life needs,and daily life and social contact are more and more convenient.In the era of big data,the value behind personal data is increasingly prominent.The data industry is not only the coveted object of enterprises in the commercial development,but also a crucial part of the country’s future economic development.Personal data is not only related to economic interests,but also closely related to personal privacy.However,the value of the interests of data will inevitably lead to the abuse of personal data by unscrupulous illegal drawing.At this time,the uniqueness and mystery of individuals are vulnerable.China’s general principles of civil law emphasize the protection of personal information,and departments have issued laws and regulations such as network security law,regulations on the protection of children’s personal information network,regulations on the ecological governance of network information content,trying to regulate the security of personal information in the network society,but at present,there are still many deficiencies in the protection of personal data interests: for example,law The legal attribute is unclear,the definition of personal data can be identified is narrow,and the provisions of personal data infringement are lack.The lack of legal system eventually leads to the dilemma of judicial practice,which restricts the protection and rational use of personal data.This paper focuses on the existing problems,and puts forward some reasonable suggestions and opinions.The paper is divided into four parts.The first chapter is an overview part,which defines the basic concepts of personal data,compares personal data with the related concepts of personal information and personal privacy,and points out that personal data has the legal characteristics of natural person,identifiability,property and personality.The second chapter introduces the current situation and limitations of the protection of personal data private law from the aspects of legislation and judicial practice.The third chapter analyzes the legal protection system of personal data in the European Union and the United States.It holds that the protection of personal data in China should not only draw lessons from some advanced practices of foreign countries,but also be based on the social practice and legal tradition of China,and should not blindly copy and inherit the protection mode of any country.In the fourth chapter,in view of the defects in the protection of personal data private law put forward above,and referring to foreign practices,the author puts forward corresponding countermeasures and suggestions,including the formulation of personal data protection law,supplemented by industry self-discipline,clear identification standards of personal data,face up to the property attributes of personal data and improve the provisions of personal data tort liability. |
