Systematic Regulation of Personal Information Rights in the Era of Big Data

Abstract

Big data has an important impact on people’s production and life. The existing legal and judicial protection, sanctions, and mechanisms for the enforcement of information rights have proved insufficient to stem the serious consequences of rampant leakage and illegal activity. Based on Information Full Life Cycle Theory, this article combines qualitative analysis with quantitative analysis, uses data from the Survey Report on App Personal Information Leakage released by China Consumers Association as an example, and finds that illegal access, illegal provisions, and illegal transactions have become important sources of personal information leakage. The main reasons for this problem include limitations of the technologies used, the falsification of informed consent, the lag of legislative protections, and a lack of administrative supervision. Systematic regulation of the right to protect personal information should include a variety of initiatives. First, it should be used to identify who to protect and how to protect them. Second, there needs to be a shift from identifiable subject regulations to risk control. Third, legislation needs to be comprehensive, entailing a shift from fragmented to systemic reforms. Fourth, protection efforts should include supervision, self-regulation, and management. Finally, the jurisdiction of legislation should extend across cyberspace and physical reality as a means to achieve a balance between effective protection and the reasonable use of personal information.

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