Research On The Legal Issues Of Personal Information Protection In The Context Of Big Data

In the context of big data,the data has become a resource for all parties to compete for,and the circulation and sharing of the data have become an irreversible trend.The development of big data depends on the vast amount of data scale,and the data often contains the personal information generated in the daily life and work of citizens.Therefore,different from the past emphasis on the protection of personal information,in the context of big data,personal information should be both protected and used.Concept is the starting point of theoretical research.Starting from the basic concept of personal information,this paper studies it in the context of big data,clarifies the dynamic nature of the category of personal information,makes a comparative analysis with data,and points out that personal information has both personal and property attributes.Based on this,it is further pointed out that the goal of personal information protection in the context of big data is to prevent the abuse of personal information and promote the rational use of personal information.In the context of big data,personal information protection has some particularities,such as the dynamic nature of personal information protection boundary,the pluralism of interest subjects,concerning social public interests,dynamic risk of personal information processing.And it also faces many challenges: the basic right of personal information protection has not been clearly defined,the front-end static consent rule is facing new difficulties,the lack of unified and independent regulator,the personal information protection person in charge system is not perfect,and the difficulties in private interests relief,and so on,it is urgent to respond from the legal perspective.By examining the foreign experience of personal information protection in the context of big data,clarifying the necessity of making personal information protection right profitable,and building the basic right of personal information protection in Chinese law,namely the right of personal information.At the same time,in combination with the contextual and risk-based concept,which is the mainstream concept of international personal information protection,the consent rule will be activated.The vitality of the law lies in implementation,this needs to rely on the strength of law enforcement and judicial,therefore,from the perspective of external regulation and internal supervision of the personal information protection,it is suggested to establish the independent regulator of the personal information protection in our country,so as to more efficiently develop the regulation of the personal information protection,and improve the personal information protection person in charge system,strengthen the internal supervision.At the same time,in view of the difficulties in the relief of individual private interests in the context of big data,the procuratorial public interest litigation system of personal information protection should be improved to better protect individual rights and interests.