The Research On The Protection Of The Personal Data In The Era Of Artificial Intelligence

The application of artificial intelligence technology has unique advantages in life,such as the most widely used artificial intelligence recognition methods--face recognition,voice recognition,etc.have brought great convenience,at the same time,the uncertainty of its development also brings new challenges,which may cause impacts on laws and social ethics,and Infringement of personal privacy,etc.The collection and processing of personal data is a prerequisite for the application of artificial intelligence,but the use of artificial intelligence has not only led to the generation of more types of personal data,and more personal data is collected and used,moreover,it has become easier to collect and store personal data,once it is spread or used maliciously,the consequences are extremely serious.With the awakening of personal consciousness,citizens have higher and higher requirements for the confidentiality of their information,and the voice of the protection of citizens’ personal data have become higher and higher.This article mainly discusses the protection path of the personal data in the era of artificial intelligence,compared with the theory of right of privacy and property right,this article agrees the third theory.Personality interest contained in personal data are the core part of the interests and it do not exclude the realization of commercial value and can provide a greater protection for the personal data.This article proposes that the personal data should be protected in both public law and private law,and gives some specific suggestions,such as applying different rules in different stage and establishing special regulatory agency.It includes four parts,the first part starts with the basic concepts,at first it discusses the concept and characteristics of personal data,then it discusses the difference between personal data and personal information and personal privacy.The categories of privacy and personal data overlap,and this two do not completely the same;personal information and personal data is different at the micro level,and personal information can be considered as an aggregate of personal data and its meaning.The second part discusses the theoretical basis of the personal data in the era of artificial intelligence,it mainly includes three theories:right of privacy,property right and right of personality.the first theory believes that personal data is a kind of private information,privacy interest are one of the important interests in personal data protection.However,the object,content of right,and focus on the protection of the two are different,personal data also has commercial value and public interest,it focuses more on the control and use of personal data rather than blindly passive defense.The second theory believes that personal data has the attribute of property right,and protection in the mode of property right is to strengthen the economic function of personal data from the perspective of utilization.Citizens can freely negotiate and trade to meet the objective requirements of the economy society.But at the same time,the economic value of a piece of personal data is very small.Allowing the transaction of personal data will cause more infringements,and the cost of monitoring will increase,which will reduce the efficiency of the transaction,moreover,blindly pursuing economic interest and ignoring the personality interest are also not advisable.This article agrees with the third theory,personal data contains the personal interest,reflects the respect and protection of dignity of human personality,and can provide a relatively sane protection model for the protection of personal data.The third part discusses the situation of the protection of the personal data from three angles,the status quo of legislation,the status quo of judicial protection,and the dilemmas of the personal data protection.There is no special personal data protection law in our country,and focus on the protection of personal information,the promulgation of the Civil Code provides a legal basis for the protection of personal information,but placing it under the right of privacy is not conducive to emphasizing the protection of the personal data;There are related cases in the judiciary,such as the first case of face recognition,it provides important experience in judging whether the collection and use of personal data infringes the lawful rights and interests of individuals.The problems in the process of personal data protection are mainly how to balance the protection and utilization of personal data,and the ownership of personal data.On the basis of determining the protection path of the personal data,the last part gives recommendations for the protection of personal data with the background of the era of artificial intelligence.Personal data carries the personality interest,and it is more appropriate to protect the personal data under the model of the right of personality.Legislation should refine the personal data protection rules,for example,apply different rules to protect the personal data in different stage,set up special regulatory agency,and clarify the principles for the collection and use of personal data by enterprises or public authorities.In addition,legislation should also take into account the protection of multiple interests and the promotion of the development of related industries.