Investigation of Personal Information Protection Schemes in the Era of Big Data

Balancing the relationship between the protection of consumers’ personal information and the rational use of data is an important challenge in the era of big data. The protection of consumers’ personal information reflects the personal rights and dignity of consumers as individuals, while the development of data circulation contains the rights and interests of Internet companies to use data. The tension between the two highlights the unity of opposites between fairness and efficiency. On the one hand, the digital economy Development cannot be at the expense of violating consumers’ privacy rights and sacrificing consumers’ legitimate rights and interests; on the other hand, it cannot over-protect consumers’ personal information beyond the current technological level and hinder the flow and development of data. The value of this paper is to propose a specific legal path to balance the protection of consumers’ personal information and the development and utilization of data. During the implementation of the law, the formulation of the Regulations on the Protection of Consumer Rights and Interests should be taken as an opportunity to implement the Personal Information Protection Law of the People’s Republic of China in the field of social consumption. At the same time, attention should be paid to the status of civil public interest litigation, and it is an important part of the trial of civil public interest litigation to examine whether tortious acts infringe on social public interests. In consumer civil public interest litigation involving the protection of personal information, in addition to examining whether consumers whose legitimate rights and interests have been infringed are numerous and unspecified in accordance with judicial interpretations, it is also necessary to Focus on examining whether the infringement affects the realization of the positive value of information and data, and whether it destroys the positive, safe, stable and orderly market order, so as to judge whether the social and public interests are damaged. It violates legal provisions and is innovative to a certain extent. Based on China’s national conditions, the government, consumer organizations, industry associations, enterprises and other parties should be fully mobilized to ultimately achieve the goal of sharing, co-governance and win-win results.