Data-Driven Enterprises Use The Limits Of Personal Information

In the era of big data,the commercial value generated by the analysis of large-scale data makes enterprises rush to develop this new precision marketing model.However,the phenomenon that using big-data analysis to varied prices for the same product or service based on different consumers gradually disintegrates the public’s trust in information security at the data age,and the distrust of data and information security will threaten the stability of social order.In the case of information asymmetry,the parties to the transaction will predict each other’ action and reassess their behavior based on the results of the prediction.However,because transactions are necessary,and the respective activities changed according to the evaluation results,it is bound to lead to the excessive cost of business transactions and the reduction of the number of transactions.To allay public fears about data collection,the world has been actively exploring the creation of personal data protection laws since the 1970 s.China is also actively exploring the formulation of relevant regulations.However,one of the most important questions is how to distinguish between the scope of the individual’s right to data information and the scope of the enterprise’s right to use personal information?The first part of this paper,by discussing the current situation of data-driven enterprises using consumer personal data information,shows the necessity of data-driven enterprises operating with data as the core assets to use personal information.At the same time,this also reflects that improper use behavior in the process of information collection is inevitable.And in the process of data utilization,information utilization based on personal data is the focus of enterprise utilization information.So the basic fulcrum of this thesis is the classification of personal information.The second part of this paper mainly discusses the current legislation,data-driven enterprises and consumers for the use of personal information to provide how protection and whether this protection is adequate.Through this part of the discussion,it can be clearly seen that the existing protection is not perfect and does not solve the most essential problems at all,which provides the basis for the following description of the boundaries of enterprises using personal information.Solutions can be provided only by understanding how inadequate protection of the use of personal information is.In the third part of this paper,the author analyzes the legislative tendency of personal data protection law and the spiritual orientation of the latest judicial cases by selecting theEuropean Union and the United States.After comparing the two,we look for the understanding of this problem and provide some suggestions for the development of personal data protection legal system in China.The fourth part of this paper is to discuss the boundary range of enterprises using personal information.Then,taking fairness and justice as the criterion,adopting the method of measuring the interests of each party,identifying the main body of personal information,and then determining the weight of the interests of both parties and finally reaching the balance of the interests of both parties.The settlement of this problem is beneficial to the clear boundary of the dispute between the two sides in judicial practice,and ultimately to the settlement of the dispute between the two sides.