On the Right to Self-Determination of Personal Information in the Context of Big Data—Reflections on"Big Data Killing the Familiar"
In the context of big data,"Big data killing the familiar"causes confusion to individual life in many ways.The right to self-determination of personal information is one of the effective ways to avoid"killing the familiar".Unlike rights such as the right of privacy,the right to self-determination of personal information is a right of active control,its protected object is personal infor-mation with recognizability and relevance.The right to self-determination of personal information is a specific personality right and has its own independence and the particularity of the personality interests it carries.The structure and content of the traditional specific personality right system cannot cover the interests of the right to self-determination of personal information of civil subjects.the subject of rights and obligations,the scope of objects,and the content of rights and obligations.From the per-spective of comparative law,reflecting on that it is necessary to establish the right to self-determina-tion of personal information in China.It can achieve comprehensive and high protection of personal in-formation.In addition,the establishment of the right to self-determination of personal information in China has become realistic and objective,also has a solid legal foundation.But clarifying the legal sta-tus of the right to self-determination of personal information as an independent and specific personality right is still an urgent task of the times that needs to be completed.
"big data killing the familiar"the right to self-determination of personal informationspecific personality rightright of privacynormative structurelegal basis