Research On The Civil Law Protection Of Personal Information Under The Background Of Big Dat

With the rapid development of information and data technology,many applications of data technology have been popularized.Data technology has been continuously integrated into people’s lives,and the collection and utilization of information data has become a new normal.On the one hand,information subjects continue to enjoy the convenience and comfort brought by big data technology,on the other hand,they are also suffering from increasing infringement of rights and interests.In the new era,personal information needs to be protected by law.How to build a legal protection barrier for personal information in the rapidly developing data age and explore the way of personal information protection in line with the development of the times through system design is the bounden responsibility of civil law.Based on the background of big data,this paper focuses on the subject of civil law protection of personal information from four aspects.The first part combs some basic problems of personal information under the background of big data.Firstly,it expounds its definition and characteristics,secondly divides personal information and privacy,and finally introduces the theoretical and practical significance of protecting personal information under the background of big data.The second part discusses the status and shortcomings of civil law protection of personal information under the current situation.At present,the right attribute of personal information is still controversial,mainly focusing on the theory of legal interest and the theory of right.Secondly,in judicial practice,the tort relief mechanism of personal information is insufficient,and often can only take the negative defense afterwards,which frustrates the enthusiasm of the information subject.In addition,in the contradiction between personal information subject and business subject,the cost of enterprise data development will react on the conflict of interest between them,which needs the support and participation of the government,which can not only reduce the cost of enterprises,but also control and supervise.The third part compares and discusses the personal information protection systems at home and abroad.This part is divided into three parts: the United States,Europe and Japan.This paper puts forward that the systems of the United States and Europe have their own characteristics and backgrounds.As a rapidly rising China,on the basis of learning from the systems of various countries in the world,we should put forward the civil law protection of personal information with Chinese characteristics according to China’s social foundation and judicial practice,so as to make our own voice to the world in the new era of big data.In addition,this paper analyzes and studies the "informed consent" mechanism,puts forward the reasons why it can not solve the actual effect of civil law protection of personal information,and puts forward the enlightenment to China through the extraterritorial personal information protection system.The fourth part puts forward some suggestions on the existing legal protection system of personal information in China.Firstly,we should improve the protection norms of China’s civil law,adopt the way of right incentive,and establish personal information as personal information right,so as to make up for the defects of "informed consent" mechanism;Secondly,we should clarify the right allocation of personal information,and endow the relevant subjects under different transaction links with personality rights or property rights through a variety of segmented ways.In order to balance the protection of personality rights and interests and circulation value in the development and utilization of data.Finally,we should improve the ways of tort relief,strengthen the industry self-discipline mechanism and public interest litigation mechanism,so as to strengthen the protection of personal information.