Civil Law Protection Of Personal Information In A Big Data Environment

Under the influence of big data processing technology,large-scale collection of personal information has become an important resource for digital enterprises to compete for and its commercial value has been largely increased.In the meantime,the infringement of personal information has become more and more serious,and how to protect personal information under civil law system has become the focus of legal academia.Chinese legal provisions on personal information are too scattered and unsystematic.Besides,the current personal information regulations have not made a legislative response to the challenges posed by big data processing technology.To promote the development of the information industry,it is necessary to pay attention to the safety of personal information and to protect it under civil law system.This paper analyzes the challenges brought by big data processing technology to personal information and new types of tort cases,then studies the shortcomings of the current civil law protection system for personal information.Inspired by the comparative analysis of foreign personal information protection modes,this paper summarizes the suggested countermeasures for the protection of personal information in the civil law system.The first chapter analyzes the challenges that big data processing technology brings to the protection of personal information,and studies the current situation and shortcomings of the protection of personal information in Chinese civil law system.First,to analyze the current personal information legislation from a theoretical perspective.The Personal Information Protection Law makes up the deficiencies of the Civil Code of the People's Republic of China and basically establishes a relatively complete legal system for personal information protection.However,it has failed to fully respond to the problems brought about by big data technology for the protection of personal information,and the provisions on the legal attributes,scope,responsibility principle and governance mode of personal information still need to be further improved.Moreover,to analyze the challenges that big data processing technology brings to the protection of personal information in civil law from the perspective of practical application,and further demonstrates the necessity of conducting big data personal information protection research.The second chapter studies the legal position of personal information under the big data environment.Firstly,by contrasting the major academic theories on the legal attributes of personal information: "rights theory" and "legal interest theory",this paper demonstrates that personal information is a civil right.Analyzing the mainstream theory of the judgment of personal information rights,it is demonstrated that personal information rights is a kind of comprehensive civil rights with the dual attributes of personality and property.Secondly,it is argued that the definition of personal information--identifiability in the current legislation cannot meet the personal information protection requirements in the context of big data,and the boundaries of personal information protection should be re-divided.This paper suggest using the concept of "relevance" to supply the deficiency of "identification";and including the "anonymized information" into the scope of personal information by establish personal information typifying standards.The third chapter proposes the improvement method for personal information infringement rules under the big data context.To begin with analyzing typical cases and summarizing the types of infringements cases,this paper demonstrates the urgency of the protection of personal information infringement in China.Then by comparing and analyzing the principle of liability for personal information infringement generally adopted in the world,this paper provides ideas for the improvement method.Which is constructing a system of "multiple imputation principles",adopting the parallel method of three principles: general fault liability,presumed fault liability,and no-fault liability,and determining the applicable liability principle according to different infringing entities.At last,to adapt the changes brought about by big data technology to the consequences of personal information infringement,starting from the two aspects of damage compensation and non-damage compensation,this paper proposes a feasible improvement plan for the liability of personal information infringement.The fourth chapter explores the legislation and governance mode of personal information protection in China under the big data context.Based on a comparative analysis of the EU mode and the US mode of personal information protection,considering Chinese national conditions,this paper proposes that the single application of either legislative mode is not conductible to the circulation of data and the protection of personal information.China should adopt the EU mode as the mainstay and adopt industry self-regulation as supplement method.In addition,this paper compares and analyzes the improvement measures of the EU and the US regarding the limitations of the "inform-consent" governance mode.Finally,this paper clarifies the relationship and system level of the relevant provisions of the "inform-consent" rule in the Personal Information Protection Law,and refines the "inform-consent" rule,and solve the dilemma of "consent is king" in the current personal information protection system.