Research On The Protection Of Minors’ Personal Information In The Era Of Big Data

In the era of big data,the personal information of minors has gradually gained commercial value,which has led to the emergence of illegal and criminal acts against the personal information of minors in recent years.At the same time,the wide application of artificial intelligence technology also increases the risk of illegal collection and abuse of minors’ personal information.Unlike other groups,minors are not yet physically and mentally mature,lack sufficient risk awareness and judgment,and are often not strong in resistance to information infringement.In addition,the personal information of minors is often closely related to the personal information of their family members,so it is necessary to strengthen the protection of minors’ personal information.The Personal Information Protection Law of the People’s Republic of China,promulgated in 2021,includes minors’ personal information in the scope of protection of "sensitive personal information",but the relevant provisions are too general and broad to meet the needs of specific and detailed rules for the protection of minors’ personal information in the era of big data.Therefore,in this context,it is necessary to improve the personal information protection system for minors.This study is divided into five parts:The first part is an overview of minors’ personal information in the context of big data.At present,the definition of minors’ personal information is relatively confusing,and the titles in different laws,regulations and other normative documents are also different,which brings many difficulties to practical work.In the face of this phenomenon,taking the risk awareness and protection ability of minors when they encounter information infringement as the criterion,and combining the characteristics of minors’ physical and mental development,the most significant feature of minors’ personal information is dynamic change.Subsequently,the definition of minors’ personal information is given,and the particularities of minors’ personal information protection are outlined,that is,insufficient self-protection ability,lack of guardianship subject’s ability,etc.The second part expounds the legal basis for the protection of minors’ personal information in the context of big data.It mainly covers the purpose and principle of the protection of minors’ personal information,the purpose is the most beneficial to minors,and the principles include giving minors special,priority protection and combining protection with education,etc.And the significance of clarifying the purpose and principle is to provide a basic ideological guidance for the protection of minors’ personal information.The third part summarizes the evolution and deficiencies of China’s legislation on the protection of minors’ personal information.First,from the three different periods of "germination-development-stability",the legislative process of China’s personal information protection of minors was introduced,and the legislative focus and progress made in different periods were summarized,and then some problems in the protection of minors’ personal information in China’s laws were put forward,such as the "one-size-fits-all" age judgment standard is unreasonable and the identity of minors is difficult.The fourth part introduces the system for protecting the personal information of minors outside the territory.Taking some of the problems raised in the third part as the starting point,the relevant systems of some foreign countries and regions are studied and analyzed,so as to provide new observation perspectives and solutions for the solution of problems.The fifth part is the legislative recommendations on the protection of minors’ personal information in China under the background of big data.By drawing on advanced experience outside the region and based on China’s actual national conditions,corresponding legislative suggestions are put forward for the third part of the issues,including adopting an age demarcation mechanism that combines scenes,establishing a dynamic identification mechanism based on new technologies,refining guardian consent rules,listening to minors’ opinions,and scientifically constructing the right to be forgotten.