| Mastering data means mastering capital and wealth,and data mining is a means to give practical value to numerous data.However,the application of personal data mining theory and practice is facing such a difficult problem: on the one hand,with the development of digital technology,the wide application of data mining brings convenience to people,but also brings many social problems,so it is urgent to systematically study the legal regulation of personal data mining.On the other hand,the legislation of personal data mining in China is not perfect at present,and the theoretical research needs to be strengthened urgently.Therefore,this paper will try to delimit the legal boundary for personal data mining from four aspects: the legal regulation mode and trend of personal data mining,the legal regulation dilemma,the root of legal regulation dilemma and the legal regulation strategy of our country,so as to protect the security of personal data and clarify the legal basis of personal data mining.On the legal regulation mode and trend of personal data mining.On the one hand,identify regulation mode of personal data mining.Sort out the legal regulation mode of personal data mining in China,the United States and the European Union,and clarify the system positioning and main means of the legal regulation of personal data mining in various countries.On the other hand,it defines and summarizes the dual trend of "convergence" and "difference" of the legal regulation mode of personal data mining in China,the United States and the European Union,so as to explore the dilemma and improvement direction of the legal regulation mode of personal data mining.On the legal regulation dilemma of personal data mining.This paper divides and studies the current legal regulation dilemma of personal data mining in China from two aspects: the rights distribution dilemma of data mining objects and the legal regulation dilemma of data mining behavior,so as to explain the dispute of attribute definition of data mining objects and the right distribution mode of data mining objects on the one hand;On the other hand,the legal regulation problems of data mining behavior are elaborated in detail: First,the "consent" regulation dilemma of data mining behavior,that is,the legitimacy of data mining behavior;Second,the "commitment" of data mining behavior is out of order,that is,the supervision and examination of data mining behavior.On the root of legal regulation dilemma of personal data mining.There is a legal regulation dilemma in personal data mining.To solve this dilemma,we need to analyze the root of the dilemma concretely.First,the dilemma of rights and interests distribution of data mining objects is rooted in the diversity of data rights and interests attributes,and it is difficult to explore a unified and fair rights and interests distribution path;Second,the dilemma of "consent" regulation of data mining behavior is rooted in the fact that under the non-system discourse,the regulation from "strong consent" to "weak consent" will easily lead to the imbalance of rights of both parties in data mining and lack of corresponding pre-legitimate protection;Third,the "commitment" of data mining behavior is out of order,which is rooted in the fact that it is difficult to distinguish whether the "commitment" is out of order,especially in the presence of "black box" and other factors,it is extremely difficult to review the "commitment" of data mining behavior.On the legal regulation strategy of personal data mining in china.By exploring the dilemma of legal regulation of personal data mining and the root of its problems,the legal regulation of personal data mining in China needs to be improved from two aspects: the orientation of rights and interests distribution of data mining objects and the countermeasures of legal regulation of data mining behavior,that is,on the one hand,the attributes of data mining objects are defined in an open way,the rights and interests distribution of data mining objects are based on law and guaranteed,and regulated by "soft law",specifically based on the contracts of both parties to deal with the dilemma of rights and interests distribution of data mining objects.On the other hand,this paper puts forward the legal regulation countermeasures of data mining behavior: first,build a "weak consent" regulation system of data mining behavior,balance the rights of both parties in data mining under the discourse of system construction,and solve the legitimate problems before data mining to deal with the "consent" regulation dilemma of data mining behavior;Second,we should improve the "commitment" review of data mining behavior,by perfecting the rules of "commitment" review,cultivating the awareness of data rights protection of diggers,stimulating the "self-supervision" of "commitment" review,and building the relevance of "commitment" review,so as to cope with the dilemma of "commitment" anomie of data mining behavior.Taking a comprehensive view of the existing relevant research results,the innovation of this paper lies in the systematic legal research on the legal regulation of personal data mining,at the same time,it clearly puts forward the concept of balancing the interests of legal regulation of personal data mining,identifies the distribution direction of rights and interests of data mining objects,constructs the "weak consent" regulation system of data mining behavior,and improves the "commitment" review of data mining behavior.In addition,this paper focuses on the specific hierarchical division of the problems and countermeasures of legal regulation of personal data mining;Clarify the position and proposition of the concepts involved to avoid logical confusion;Summarize and compare the legal regulation trends of personal data mining in China,the United States and the European Union,so as to better explore the core of the problem. |
