Civil Law Protection Of Personal Information Under The Background Of Big Data

In the current era of big data,personal information has become the most indispensable part of daily life and plays an important role in social life,business activities and government social system management.While paying attention to the continuous wealth that personal information brings to the society through big data,we should also pay attention to the damage caused to natural persons by illegal collection and improper use of personal information.The promulgation of the civil code and the personal information protection law has made the national guidance on the principle of civil law protection of personal information very clear and mature.However,the existing laws can not fully meet the expectations of natural persons for the protection of personal information.In this article,combining judicial cases with academic theories,starting with the problems existing in the civil law protection of personal information at the present stage,and drawing on the experience of the United States,Germany and Japan,this paper puts forward some shallow suggestions for the civil law protection of personal information in China.The article consists of four main parts.The first part first expounds the basic concepts and characteristics of personal information.Then,the differences or similarities between information and personal data are analyzed by comparison.Then,it introduces the new characteristics of personal information in the context of big data.Finally,it expounds the new crisis faced by personal information under the background of big data.The second part tabulates the case data found in the Chinese judicial document network,and expounds the problems existing in the current judicial practice of our country,such as the non-uniform applicable standards of personal information judgment,the difficulty of personal burden of proof,and the gradual concealment of the way of obtaining personal information.The third part first selects the personal information protection of the United States,Germany and Japan,which have relatively perfect legislation in the civil law protection of personal information,and introduces the legislative model of the United States,Germany and Japan.Then it introduces the characteristics of legislation in the United States,Germany and Japan,and analyzes and summarizes its legislation and characteristics.Learn from the Enlightenment of extraterritorial legislative model to China’s legislation.The fourth part is to improve the current law.First of all,improve the structure of the "personality right series of the civil code.In the "personality right series",the "right to privacy and "personal information protection" are divided into two irrelevant contents.Secondly,clarify the concept of personal information right and the legal attribute of personal information right,and determine personal information from legal interest" to "right" in legislation.Then,by further improving the "inform consent" rule,the third-party evaluation organization is introduced into legislative and judicial practice to achieve the purpose of balancing the protection and utilization of personal information.Finally,by redistributing the burden of proof,dividing different imputation principles,and introducing public interest litigation in judicial practice,we can optimize the right relief mechanism.