(I) Fuzzy legal boundaries
In the current process of legal protection of personal privacy, the first problem that manifests itself is the blurring of legal boundaries, and there is a lack of clarity on the legal boundaries related to personal privacy, which makes it easy to have some This makes it easy for some blindness to occur when protecting personal privacy, and it is difficult to protect the legitimate rights and interests of citizens. In this case, some personal privacy in urgent need of protection can not be protected accordingly, but for some information of low value that does not need legal protection, it occupies a large amount of legal resources, which makes the legal cost increase continuously. At the same time, the ambiguity of the legal provisions makes it impossible to determine the boundary of the legality of the infringement behavior, and many enterprises take advantage of this loophole to infringe on personal privacy recklessly. Especially in the context of big data technology, the protection of personal privacy is facing a more complex environment, in the virtual technology, enterprises can use a very covert way, easy access to the user's personal privacy, it is easy to leak the user's privacy, and can not carry out a more effective protection of personal privacy.
(2) Lack of specialized legislation
From the point of view of the existing legal system, China lacks a specialized legislative system, which makes it difficult to provide the corresponding legal basis for the protection of citizens' privacy in the field of personal privacy protection, making it impossible for the protection work to be effectively implemented. In China's current fundamental law, only in the citizens' personality rights to formulate the corresponding regulations, but for the personality rights, its content is very complex, the lack of clear legal provisions for the protection of personal privacy. Especially in the context of big data technology, the special attributes of personal privacy can not be attributed to any of the rights stipulated in the Constitution, which makes it difficult to effectively implement the process of legal protection of personal privacy. At the same time, in the existing legal system, although in the protection of personal privacy has a certain embodiment, but also marked the personal privacy infringement of the criminal standard, but from a general point of view, in the civil compensation does not carry out detailed provisions. In this case, in the event of personal privacy infringement, it is difficult to provide appropriate civil compensation.
(3) Unclear Responsibilities of Supervisory Authorities
From the point of view of the responsibilities of the supervisory authorities, there are no downward regulations in the current legal system, which makes it easy for confusion to occur in the process of information supervision. In the absence of legislative guidance, government departments at all levels in the process of carrying out regulatory work, the division of functions there is confusion, the administrative supervision department can not effectively protect personal privacy. From the viewpoint of the current "Regulations on Credit Management" and "Personal Information Protection Guidelines", there are a lot of administrative departments with regulatory functions, including the Ministry of Industry and Information Technology, the General Administration of Quality Supervision, Inspection and Quarantine, the People's Bank of China, and the National Standardization Committee, etc., but there is a lack of clear allocation and management of the functions of the different departments in the relevant legislative work, which makes it easy for the protection of personal privacy to have multiple regulatory situations, resulting in a clear waste of administrative resources. This makes the protection of personal privacy prone to multiple regulation, resulting in an obvious waste of administrative resources. Due to the unclear division of responsibilities of the supervisory authorities, after the infringement of the law, the departments are prone to shirking their responsibilities, so that the protection of personal privacy can not be effectively implemented.
(4) relief mechanism is not perfect
In the current stage of the legal system, although many laws and regulations have been introduced to protect personal privacy, but it is difficult to pass to stop the infringement, especially in the case of infringement of the slight after the lack of corresponding relief mechanism, so that the legitimate rights of citizens can not be protected. First of all, there are obvious difficulties in proof, from the existing civil procedure law, requires "who claim, who adduce evidence", the citizen in order to show that personal privacy has been violated, need to seek the corresponding evidence. However, under the current background of big data technology, the leakage of personal privacy and infringement of rights is more convenient, and even in a silent situation, which makes it difficult for users to obtain evidence of the source of leakage, and rights defense behavior can not be carried out. In addition, the cost of litigation is very high, in the case of personal privacy is violated, more is the use of tort litigation to deal with, and this way the cycle is very long, the content involved is very extensive, the victim in the entire litigation period, not only to overcome the difficulties of evidence, but also to pay a lot of time and money costs.
Improvement of the legal protection of personal privacy in the context of big data technology
(I) clarify the boundaries of the right
In the wide application of big data technology, it can bring great benefits to people's life and work, but some of the hazards arising from it also exist, especially in the protection of personal privacy, which has been greatly affected. Affected by big data technology, the information subject in the high speed rate of data processing technology, in a relatively weak state, which requires in the process of personal privacy legislation and protection, must be the boundaries of the right to personal privacy clear provisions, so as to better standardize the rights and obligations of data controllers, for the security of personal privacy to provide reliable protection. The controller must fulfill the obligation of informing the individual when collecting data, so as to ensure that the individual can grasp the purpose and meaning of information collection and avoid infringement of rights. In addition, after acquiring the relevant information, the controller must fulfill the obligation of data security protection, through the use of legal, technical and other measures to protect the security of personal privacy, to avoid unlawful infringement of the situation.
(2) Improvement of relevant laws
From the point of view of China's existing legal mechanism, the legal provisions of personal privacy protection appear more in the basic law and common law, which indicates that the effectiveness of information protection is relatively low. Therefore, in order to better protect the security of personal privacy, it is necessary to improve the existing legal mechanism, through the introduction of special personal privacy protection law, to achieve the effectiveness of privacy protection. In the process of improving the relevant laws, it is necessary to implement the concept of people-oriented and the basic principle of information self-determination, on the basis of adequate protection of personal privacy, to enhance the citizens' trust in big data technology, so as to give full play to the advantages of big data technology. At the same time, it is necessary to focus on regulating the behavior of government agencies and other information collectors, and to clarify the administrative enforcement and regulatory responsibilities in information protection, so as to provide a reliable guarantee for people's personal privacy. In this process, it is necessary to carry out the corresponding pilot work, so as to improve the relevant laws, to ensure that the legal norms introduced in line with China's national conditions, in the protection of personal rights and interests and promote social development to achieve **** win.
(C) Strengthening the administrative and legislative power of the supervisory authorities
In the process of personal privacy protection, the relevant departments need to implement their own supervision functions, in the collection and processing of information, and effectively play their role. Especially in the context of big data technology, it is difficult to rely solely on personal privacy protection laws, which requires the introduction of more safeguard mechanisms, through the establishment of specialized institutions to protect personal privacy. In the current stage of social development, big data technology and the Internet embodied in the technical, so that some traditional departments in the protection of personal privacy to face more difficulties, only the establishment of a specialized regulatory body to reflect the professionalism and authority, so as to formulate a more detailed personal privacy protection system. In addition, we should strengthen the supervision of the industry, by learning from the experience of the U.S. industry self-regulation, the role of industry associations in the protection of personal privacy to play a better protection of personal privacy.
(4) Introduction of class action system
In China's litigation cases, when large-scale group disputes arise, often used to achieve the way of the standard person litigation to relief, in the realization of the litigation cost reduction at the same time, to reduce the burden on the court, but from a practical point of view, the effect it plays is very limited. Therefore, in the process of protecting personal privacy, the class action system should be introduced, and the advantages of the class action system should be brought into full play by learning from the experiences of Thailand, the United States and other regions. For this system, the main point is that the parties pursue the same rights and litigation purposes, and the source of the same law and facts, then can be included in the same litigation process, the court made the corresponding judgment, all the parties can be based on this, to protect personal rights. In the role of the class action system, can make up for the traditional mechanism of the narrow scope of the problem, realize the court cost effectively reduce, realize the efficiency of the litigation significantly improve. At the same time, in the case of class action lawsuits, can better promote social justice, to achieve power checks and balances, to maintain a good social environment.