Constitutional Protection Of Personal Information In The Era Of Big Data

In the context of big data,the realization of the dual goals of information protection and information utilization is an era proposition for the protection of personal information various countries.At resent,countries around the world are in full swing on the practice of personal information protection and legislation.They have clearly defined the right to personal information as a civil right.In view of China,not only has there been a special legal norm for personal information protection,but also no relevant legal texts.The power department clearly responds to the existence claims of personal information rights.However,the discussion of personal information rights,constitutional privacy rights or information self-determination rights in the practical and theoretical circles has never stopped,and there are gradually many theoretical results that can be put into practice.As an objective entity,personal information has the dual attributes of individual sociality.However,historical scholars have over-emphasized the "private" attributes of Chinese scholars,which has long lacked the "public" regulation and is still in the traditional social mode.It is understandable,but the development of the vision is to improve.However,the development of the information age cannot overflow the constitutional framework and constitutional spirit.It still needs to be regulated and restrained by means of constitutional gaze.Therefore,in order to achieve constitutional protection,it still needs to be subject to constitutional norms.This paper studies both theoretical and practical significance.It intends to use the comparative method to study the theoretical mechanism and practical experience of personal information protection in Europe and the United States and legal systems countries,and to explore possible lessons from a local perspective.With the help of legal interpretation techniques such as textual interpretation and system interpretation,this paper analyzes the textual support of the personal information rights in the existing articles and general clauses in the constitutional text of our country,and proposes the preliminary idea of ? ? confirming the right of personal information.Based on the connotation of "public interest",we will analyze the balance of interests under the coexistence of multiple subjects to achieve a "win-win situation" of multiple values ? ? and interests.Using the legal research method of type analysis,explore its theoretical basis,analyze the internal dimension and external dimension of classification protection and summarize the influencing factors of type treatment,introduce the change of personal sensitive information and finally propose the classification criteria of distinguishing protection.In the system blueprint for the special personal information protection law,explore the legislative model suitable for the national conditions and the legal environment,analyze the influencing factors of the model choice,and finally adhere to the unified legislative model,but contact the current legislative system and specific implementation of our country,emphasizing the The unified legislative model is a gradual legislative model that is different from Germany’s from partial to unified.In the end,this paper adheres to the principle of “three-way balance”,which calls for the establishment of a rule of law model with state-led,industry self-discipline and physical participation,and attempts to construct a systematic and complete personal information protection system based on basic principles and specific procedures.