Research On Legal Protection Of Privacy Right In Big Data Era

With the advent of the era of big data,people are not only enjoying the convenience brought by digitalization,but also facing many risks.Driven by science and technology,from the diffusion of paper media in the printing era to the digitalization of information today,the development of technology makes the forms and contents of behavior of infringing privacy more and more diverse.The traditional right of privacy is passive and defensive.The distinction between the public domain and the private domain is an important demarcation principle of privacy protection.Nevertheless,the concept of privacy is not fixed.In the era of big data,the content of privacy has been enriched and developed.In addition,the scope of behavior of infringing privacy has expanded from physical space to digital space,and new form have emerged.In the face of the new development of privacy,we should not only excavate the connotation of privacy according to the historical background,but also explore the protection of privacy based on the realistic problems.Therefore,combined with the background of the big data era,in addition to the introduction and conclusion,this paper discusses the privacy right and its protection from four parts.The first part describes the concept of privacy,analyzes the new development of privacy connotation and the theoretical basis of privacy protection in the era of big data.At the same time,discussing the nature of privacy right in the era of big data,it should be defined as a dual attribute right with personality right as the main attribute and property right as the auxiliary one.The second part discusses the difficulties and causes of privacy protection.The protection of privacy rights is faced with multiple contradiction: the contradiction between data sharing and privacy protection,the contradiction between economic interests and privacy personality,the contradiction between the determination of privacy infringement and the protection of data legal interests.The dilemma of privacy protection is how to achieve the balance between legal interests.In addition,the development of social economy and the promotion of science and technology are important reasons for the development of privacy in the era of big data.The third part studies foreign privacy protection system,and obtains some experience for our country’s privacy protection by analyzing the privacy protection of the United States and European countries.The fourth part defines the value choice of personal privacy and the scope and limitation of information sharing;Review data flow compliance;Set rules for privacy infringement;In order to provide some reference for the improvement of privacy system,the multiple dilemmas between data sharing and privacy protection,economic interests and privacy personality,privacy infringement determination and data legal interest protection are solved on the basis of the principle of balance.