In the era of big data,in order to fully protect personal information security,China has successively implemented the"Civil Code"and the"Personal Information Protection Law",which have made relatively comprehensive provisions.Examining the judicial application of relevant rules,it is found that there are some problems in the protection of personal information,such as the unclear definition of personal information and privacy rights,the unclear relationship between private information and sensitive information,the insufficient deterrent effect of compensation for damage,the insufficient effectiveness of the public interest litigation system,and the inconsistent and superficial"informed-consent"standard.To solve the above problems,we can define personal information through a discernible contextualized model,determine privacy by introducing Contextual Integrity Theory,carefully introduce punitive compensation,clarify the applicable conditions of public interest litigation for personal information protection,and build a three-level rule system of"country-industry-platform"to achieve substantial consent,so as to comprehensively protect personal information.
personal information protectionright to privacypunitive damages"inform-consent""Civil Code"