On The Private Regulation Of Personal Information Self-determination In The Big Data Era

Since computer technology has been widely used,the problems caused by personal information and privacy protection have been continuously highlighted.Especially in the context of the global digital economy,the relationship between personal information and social development has become more and more intensive,and personal information has become a driving force.An important engine of economic growth.But at the same time,the phenomenon of personal information being collected,used,and even sold more frequently is becoming more frequent,and a series of social phenomena generated by personal information has become a very realistic problem in current legal research.In this context,the right to self-determination of personal information has been valued,and various countries or regions have begun to strengthen the protection of the right to self-determination of personal information.At present,more than 100 countries in the world have implemented personal information protection laws and regulations,and this process has not yet stop.How a country formulates personal information protection specifications in line with its own national conditions,how companies respond to regulatory requirements under different legal and regulatory systems,and how individuals can enjoy the benefits of the information economy while ensuring their own information security are the development and application of information to all The country is even a challenge for everyone.However,after all,people cannot exist without sociality,and even if personal information is again private,it cannot be completely separated from the public domain.Therefore,it should be distinguished.Some personal information must be provided to the public in social interaction.In this way,citizens still have considerable discretion over the personal information they provide.But rights are never absolute,and the right to self-determination of personal information is still subject to restrictions from the public interest.Therefore,not only should the right to self-determination of personal information be protected,it must also be recognized that its right boundary is not infinite,but is subject to principled regulation in accordance with social realities.This article discusses the private regulation of the right to self-determination of personal information in the era of big data.It is divided into five parts:First,in the first part,the concept of the right to self-determination of personalinformation is clarified,its rights attributes are analyzed,its theoretical basis as a basic right is explored,and its content system of rights,namely,the right to access personal information,the right to correct,seal and delete,The right to benefit etc.is systematically explained.The second part mainly analyzes the need for private regulation of the right to self-determination of personal information in the context of the era of big data.Big data has become a national development strategy resource,and it is also the cornerstone of the development of the data and information industry.It should be valued from both the country and the market.Personal information is an important part of big data.The use process should be regulated from the level of private law.The third part mainly discusses the current legal regulations on the right of self-determination of personal information in China.At present,China’s legal regulations on the right to self-determination of personal information,except for some provisions in the general provisions of the civil law,which are generally covered by it,other norms are scattered in many laws and regulations,and cannot fully cover the content of the right to self-determination of personal information.The "Personal Information Protection Law" and "Data Security Law" have not yet been formally promulgated,and these have important implications for the development of regulations that govern the right to self-determination of personal information.The fourth part studies the most representative personal information self-determination legislation and status quo in the extraterritorial area,including the pragmatism model of the US decentralized legislation that emphasizes the protection of privacy rights,and the comprehensive protection and regulation of the EU before the state-led legislation.The protection model,combined with the actual situation in China,analyzes and draws on the experience of foreign countries’ legal regulation of the right to self-determination of personal information.The fifth part puts forward some opinions on improving the private regulation of the right to self-determination of personal information.First,improve the private law system that regulates the right to self-determination of personal information,and issue a supporting "Personal Information Protection Law".At the same time,it should also systematically regulate the collection,processing,and use of personal information in different fields and industries.Second,it should be clearly regulated.The basic principles to be followed,namely,the principle of legality,the principle of proportionality,and the principle of legal retention;once again,in order to ensure thatthe right to self-determination of personal information can be effectively guaranteed and regulated,a special personal information supervision agency is established and its specific responsibilities are cleared;and finally,further improvements Judicial relief system for the right to self-determination of personal information and existing mechanisms for attribution and compensation.