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

Citizens’ information security is closely related to their life,which involves everyone’s vital interests and privacy,and should be reasonably protected by law.However,under the background of comprehensive network coverage,personal information theft happens from time to time,which seriously affects the normal life and work of individuals,and the current legal construction of personal information protection in China is not perfect.In recent years,under the impetus of the development of computer and Internet,with big data as the core of the Internet has come into our lives,and into the era of "big data",we collected information is more and more,data collection is easy,when we refuse to information collection,in such a social environment,we become impassable,taobao,amazon,banking,information,the company bring us convenience,at the same time,also make more of the information exposed in the public eye.Therefore,while the technology of big data brings about changes,it also poses new challenges to the protection of information security.In the era of big data,our personality has been digitized,but our rights have not changed.Article 111 of the general provisions of the civil law stipulates that information of natural persons is protected by law.The changes signal that China will continue to strengthen the legal protection of personal information.How to protect personal information in the background of big data era is a problem worth discussing.In addition to the introduction and conclusion,this article is divided into four parts:The first part is the judicial application and analysis of article 111 of the general provisions of the civil law--32 judgments based on the judicial documents network.This part mainly analyzes the personal information infringement cases in judicial practice,summarizes the common points,and analyzes the application of article 111 of the general provisions of the civil law in solving such cases,so as to seek for improvement Suggestions.The second part is an overview of personal information in the era of big data.This part mainly elaborates personal information from the era of big data association,privacy,and identify three point of view,the definition of personal information from two aspects of personality rights and property rights to analyze the legal nature of personal information,sum up big data era way of infringement of personal information as well as to the theoretical research on the necessity of the personal information protection.The third part is the comparative analysis and reference of the extraterritorial system of personal information right.This part is mainly based on the understanding and comparison of the legal protection mechanism of personal information in developed countries outside the region,such as the United States,Germany and Japan,and the analysis of the current legislative background in China to seek for reference.The fourth part is the path to improve the civil law protection of personal information in the era of big data.This part mainly constructs the principles of the civil law protection of personal information in the era of big data,and combines the general provisions of civil law,contract law,tort liability law of China and the extraterritorial personal information protection system to improve the civil judicial approach of personal information right protection.