The Operation Mode,Theoretical Dilemma and Protection Path of Personal Information in the Era of Big Data
The rapid development and continuous application of big data technology have brought about a disruptive shift in the mode of operation of personal information,that is,personal information can be collected in huge quanti-ties and recycled.On the one hand,big data rapidly collects and stores personal information from a variety of sources,not limited to the Internet,but also including data sets.On the other hand,through information processing technologies,personal information is constantly linked to each other and is not only used to answer or analyze the specific question,but also reused out of structured databases.In some cases,it is even transferred to a third party and recycled for purposes other than those for which it was originally collected.In this process,personal information is subject to the infringement of an individual's personality,which is precisely the nature of the risk and the diffi-culty of protecting personal information in the era of big data.With the cumulative effect of personal information,big data can correlate unknown information,and its inappropriate application poses the risk of violating the right to self-determination and the right to privacy of personal information.On the one hand,the identification of big data can capture personal privacy,and the related automated decision-making can void the right to personal self-determi-nation,and big data can also derive anonymous information or sensitive information.On the other hand,improper use of big data may conflict with the principles of protection set forth in the Personal Information Protection Law.For example,the principle of clarity of purpose,the principle of minimization,the principle of informed consent,and the principle of transparency of personal information.The rights and interests of personal information in the era of big data are facing unprecedented challenges,but if the development of big data is restricted in order to protect per-sonal information,the negative impact will radiate to the whole society and the country.The innovative application of big data is the driving force,which can produce huge economic and social effects.Therefore,the protection of personal information and the development of big data must be taken into account at the same time.Firstly,the"open norms"of personal information should be formulated.The fact that most of the personal information is held by the governmental departments,and the government should adhere to the principle of"openness as a principle and no openness as an exception"and open data for public use,especially anonymous information,which plays an important role in enhancing national competitiveness and the development of science and technolgy.Secondly,solid anonymous techniques are adopted to de-anonymize personal information.For example,decentralized approach and personalized anonymity approach.Thirdly,we should utilize personal information protection impact assessment as an effective tool for protecting personal information,so that the results of personal information processing activities can be predicted and the risk of personal information security can be reduced through prior compliance assessment and risk assessment procedures.Lastly,the principle of informed consent should be improved through"substantive par-ticipation",and the form and content of the informed agreement should be limited,so that substantive information is provided in as short and concise a language as possible.
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