| Big data is a double-edged sword.On the one hand,it makes information burst out of unprecedented value and promotes the progress of human society.But on the other hand,big data and information interconnection give birth to new means of infringement.Users’ information leakage,the mechanization of the principle of informed consent and the concealment of information collection are prominent problems.The illegal collection,use and sale of personal information seriously infringe the personal rights of personality,property and other civil rights.With the promulgation of the civil code,China’s guidelines on the principles of civil law protection of personal information have been very clear and mature,but the existing laws still can not meet the citizens’ expectations for the protection of personal information.Personal information should be protected by more complete and systematic laws,which has gradually become the consensus of citizens in the era of big data.Through the combination of theory and judicial practice,this paper takes the problems existing in the civil law protection of personal information in China as the starting point,and puts forward some suggestions for the improvement of the civil law protection of personal information in China with the help of the experience of developed countries.In addition to the introduction and conclusion,this paper consists of five main parts.In the introduction,with the rapid development of society,personal information security problems occur frequently in the era of big data,which has become one of the most important issues for the masses.It shows that personal information protection is imminent in today’s era,and highlights the necessity of personal information protection in this paper.The first chapter introduces the concept and characteristics of big data,the concept of personal information,the relationship between big data and privacy,the definition of big data,the basis and classification of big data.By defining personal information,it is clear that it has dual attributes of personality right and property right.By determining the right basis of their general personality rights,the future direction of personal information protection in our country has been pointed out.In addition,through the classification of personal information,it is emphasized that personal information can be protected according to different degrees of infringement and different sensitivities.The second chapter r mainly introduces the new challenges that big data development brings to personal information protection.For example,information data threaten information security,data personality shaping,anonymous or fuzzy processing technology failure,big data brings about the balance between personal information development and protection.The third chapter,using the method of case analysis,collects and analyzes the relevant cases in China judicial document network and Peking University magic weapon.The first section of this chapter studies the change trend of personal information infringement cases in the judicial practice in the past eight years by means of chart analysis.The second section aims to point out the problems existing in the protection of personal information in China’s judicial practice.For example,the application standard of personal information judgment is not unified,the burden of proof is difficult,and it is difficult to rescue personal information when it is infringed.It points out the direction for the following targeted countermeasures.The fourth chapter,through the method of comparative study,investigates the general situation of civil law protection of personal information in Germany,the United States,Japan and the United Kingdom,intending to provide legislative reference for the improvement of personal information protection in China by learning from the experience of developed countries under the rule of law.This paper first introduces the legislative models of Germany,the United States and Japan,and then introduces the highlights of the legislation of the four countries,such as the establishment of the right of self-determination of personal information in Germany,the regulation of personal information protection in Japan,and the protection of personal information classification and specific rights in Britain.The last part of the summary summarizes the highlights of personal information protection in Germany,the United States,Japan and the United Kingdom to draw inspiration for China.The fifth chapter,through the overview of the full text,combined with China’s national conditions,puts forward some suggestions on the civil law protection of personal information in the era of big data,in which the right confirmation of personal information is the development trend and the international trend,the introduction of the personal information protection law is the only way to the construction of the rule of law in China,the establishment of the basic principles of protection is necessary,and the improvement of the right relief mechanism is the key.The author divides different regulatory principles according to different subjects and intervenes in public interest litigation to clarify the specific improvement path.By improving the "Notification + consent" rule,the user’s informed consent can be guaranteed in an all-round way.By increasing punitive damages,the enthusiasm of personal information rights protection can be improved,so as to create a good personal information protection environment and provide support for citizens’ personal information,Open a more favorable legal protection shield. |
