The Theory Of Civil Law Protection Of The Personal Information In The Era Of Big Data

The advent of the era of big data gives the definition of new personal information,not only changed the way of personal information storage ways of distribution,for personal information added to the property attribute of the era of big data to show the easy access to personal information,the characteristics of frequent the personal information leaked by the outbreak,whereabouts trajectory announced new crown due to infections,cause infection information by human flesh,and published on the Internet,has made great influence to the patient’s body and mind are What’s more,criminals to sell illegal access to personal information to the black market,to obtain huge profits,at the same time,greatly improving the telecom fraud crime In recent years,our country attaches great importance to the protection of personal information,the legislative organ has issued the draft law on the protection of personal information,and scholars in the theoretical circle are also committed to the protection of personal information.This paper is divided into five parts:The first part is the basic theory of personal information,from the basic concept of personal information and legal properties of two aspects.Firstly,it discusses the definition of personal information,the types of personal information and the main characteristics,and then puts forward the ownership of the right of personal information,drawing lessons from several mainstream theoretical views,and expounds the author’s point of view.The second part is about the risks of personal information under the background of big data.The risks of personal information are embodied in every link of the system of data collection,processing,use and storage.This paper discusses several major risks,namely,excessive collection,disclosure and reuse of personal information.The third part studies the relevant legislation in the field of personal information in our country,from the two levels of public law and private law for partial listing,analysis and find out the shortcomings of China’s personal information related legislation.The fourth part is based on personal information found in the judicial practice in the trial practice Angle This part uses the case analysis,according to China’s judicial documents this advanced retrieval tool,select key words search,screening and personal information in the search results correlation is relatively close case,from the perspective of the defendant to judge the results,and other analysis,discover personal information protection barriers in substantive law and procedural law.The fifth part is based on the above theory combined with the practical analysis results,put forward the feasible path to improve the protection of personal information in civil law.