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

With the advent of the era of big data,we have entered the information age.The Internet,the Internet of Things,and big data have brought convenience to our lives.Many industries have experienced rapid development under the impetus of the combination of Internet plus big data and found new opportunities for development.However,in this context,the commercial value of personal information is being tapped by more people.When people enjoy the convenience brought by big data plus Internet,we also find that our personal information is becoming more and more frequent.We were leaked without our knowledge,followed by spam,online fraud,telecommunications fraud,malicious recommendation,online violence and other acts that violated our personal information rights and interests,wherever there is interest,there will be a response,Based on the commercial value of personal information,a black interest industry chain of special personal information buying and selling has been formed,resulting in the illegal collection and use of personal information by criminals.The current situation has caused us to think deeply about this issue.This article mainly analyzes how to protect personal information by civil law in the era of big data through three parts.The first part focuses on the practical significance and necessity of the protection of personal information in civil law in the era of big data.Personal information refers to private information that is directly or indirectly related to an individual’s person or personal property and has a certain value,including name,ID number,whereabouts,financial resources,payment account,etc.Compared with the traditional era,the connotation and extension of personal information have undergone obvious changes.For example,the scope of personal information is wider,it has a certain commercial value,the classification of personal information is more clear,and there are more types of personal information.Society and groups have wide influence.A simple classification of the consequences of infringement of personal information can be divided into two aspects,lighter influence on the person at the time and lesser influence on the person at the time,which positively illustrates the necessity and important role of protecting personal information by civil law.Based on the changes in the characteristics of personal information and the hazards of personal information being leaked,the importance and practical significance of personal information needs to be protected by civil law.Civil law is a law to study the subject of private law.In information infringement cases,private civil subjects are often involved,and the subject status is equal.Civil law is the basic law for the protection of personal information,and plays a role as a basic position.In the civil law,the regulation of personal information protection can establish a theoretical basis and play a guiding role for the introduction of the future personal information protection law.The second part mainly discusses the current status and deficiencies of the protection of personal information by civil law in the era of big data.From the two aspects of current civil legislation and practical judicial practice,it is concluded that our civil law has the following shortcomings in the protection of personal information: the scope of personal information has not been determined and the right to personal information has not been established,and the principle guiding rules,The lack of clear personal information protection principles,the infringement liability system of personal information is not perfect,the remedies of the parties’ rights are not achieved in daily practice,and the determination of the legality of the collection and use of personal information is unclear,which is not good for legal behavior Sex is identified,which leads to obstacles and difficulties in legal protection.The civil interests of personal information and the right to privacy are confused,and the protection of the civil interests of natural persons’ personal information under the right to privacy results in chaos in the application of laws and regulations,and the violation of personal information is said to be the violation of personal privacy.The third part is the necessity and practical significance of the protection of personal information civil law in the era of big data in the first two parts of the thesis,as well as the analysis of the problems and status quo of legislation and judicial practice in the protection of personal information in the era of big data and the compilation of civil code On the basis of this theoretical research and analysis,this article proposes a legal perfection path for the protection of personal information in our civil law in the era of big data,and mainly proposes six aspects of perfection suggestions.The first is to establish the right to personal information,because only by using personal information as a citizen’s right can we fully guarantee the safety of citizens’ personal information;the second is to distinguish the application of personal information from the right to privacy,both to a certain extent,the scope of the object There is a coincidence,but in fact,the two objects of protection are not the same;third,the personal information standards protected by the civil law are delineated reasonably and clearly,so that personal information can be better protected by the civil law,fourth,clarify The application between civil law and various departmental laws,clarifying the relationship between civil law and various departmental laws by combing the relevant provisions of civil law,administrative law,and criminal law on the protection of personal information and focusing on the civil liability,administrative responsibility,or criminal responsibility for infringement of citizens’ personal information The application of the connection.Fifth,according to the draft of the Personality Rights Code of the Draft Civil Code,we found that privacy rights and personal information protection are put together in Chapter VI.According to the current situation of chaos in the use of personal information and privacy rights,personal information and privacy rights are put together for legal provisions.Regulation has its inherent disadvantages,so the protection of personal information should be a separate chapter.The sixth is to improve the responsibility system for the protection of personal information by civil law.Before the draft of the Draft Civil Code,the responsibility system for the protection of personal information by civil law was not regulated in the civil law.The reality of the need for legal protection,the draft of the Personal Code of the Draft Civil Code has simple provisions,but there is no detailed and specific legal regulation on the rules the and principles of civil liability for infringement of personal information,the legal requirements,and manner of responsibility.