Privacy protection in the age of cloud harassment

The traditional data protection method in the big data age has failed, so long as the user uses the smartphone, he must transfer his personal data ownership to the service provider. More complicated, the right boundaries of personal data have disappeared after multiple transactions and the involvement of multiple third-party channels. In the age of simulations and small data, the institutions that can control the personal data of citizens in large numbers can only be government agencies that hold public authority, but now many businesses and individuals can have huge amounts of data, even in some ways more than government agencies.

With the advent of cloud computing as the Big Data era, relying on the data processing capabilities of cloud computing, people are no longer helpless to the vast number of information, on the contrary, data has become a valuable asset, has become a highly value-added potential of the "gold mine." Through the user's web browsing, online shopping preferences, social networking information, microblogging concerns, mobile phone location services, such as daily application search for all kinds of data, the purpose is to use this data to grab commercial benefits. For example, when a user browses to a Web page or uses a search engine, the Web site and search engine that he visits will record and lock the data, and then specifically recommend the target ads associated with it. Similarly, mobile location service is a computer locating program based on the physical location of the mobile phone. In addition to GPS navigation, personalized weather forecasts, mobile phone location and other common applications, mobile phone location service has been widely used in social media, such as micro-mail in the public Accounts and micro-blog geographical positioning function. Another important function of mobile location services is mobile commercial advertising, which is to identify the location of mobile client users, advertising services to target customers to promote accurate commercial advertising.

Under the present technical condition, even if the user does not use the smartphone, or the active turn off the GPS localization and the wireless Internet function, the service provider can also according to the handset and the base station connection timing determines the handset position. If the mobile phone user's location information with its call records, Internet habits and other data to integrate, you can get the basic accurate more user information. If users are passionate about social media interaction, they can get more and more accurate directional advertising content. Every moment, we are in a state of being harassed by clouds.

In contemporary society, information privacy and information privacy are more and more concerned. The influencing factors include four aspects: the total amount of personal information that can be collected, the time of transmission and exchange of personal information collected, the time to save the personal information collected and the types of personal information that can be obtained. Craig and Rudolph point out that the digital age poses unprecedented challenges to personal communication privacy, behavioral privacy and personal privacy. In the area of communication privacy, while it is widely accepted that telephones, text messages, e-mails and various types of network communications are private, many countries are already likely to have long-term monitoring of data retention technologies and related policy and regulatory aspects. In terms of behavioral privacy, many of our behavioral data have been collected and used to predict our behavior, this data analysis of personal behavior can also be used to predict which methods can most effectively affect our behavior, such as purchase intention, commercial credit, risk of insurance, and potential possibility of committing a crime or terrorist act. In personal privacy, people in the past in the daily activities of society has relatively anonymous, but a variety of video surveillance equipment, face recognition features digital photos and tracking software is undoubtedly changing this situation.

In the United States, the right to privacy has not yet been enacted as a whole. In the light of the emphasis on individual rights, personal data is mainly regarded as personal resources, the protection of personal data and information privacy is based on the balance of interests, and the legal regulations are included in individual health, safety, property protection and protection of consumers ' rights and interests respectively according to the specific circumstances. Therefore, the United States mainly in the Department of Personal data related to the information privacy issues, adopted a specific dispute "problem one Response" mode. In Europe, since privacy is regarded as a fundamental human right, personal data and information privacy are undoubtedly more valuable than goods, and people even sacrifice commercial interests in order to protect personal data and information privacy. Unlike the United States, many European countries explicitly provide for the protection of individual privacy rights in the Constitution. In the European Convention on Human Rights enacted in 1953, it was not only clear that everyone's privacy should be respected, but also that the Convention's purpose was to constantly regulate and strengthen the protection of fundamental human rights, based on the changing times and technological developments.

In the face of the increasingly serious network tort, the international community has formulated measures to curb the network infringement, from the international practice, there are mainly the following two modes of protection:

In the February 2012, in response to the network and the development of large data, the U.S. government from the restoration of consumer trust to promote innovation in the perspective of the enactment of the "Consumer Privacy Act." The Act defines the right to consumer privacy from seven parties: (1) Personal control: What personal data can be collected by the enterprise, consumers have control; (2) Transparency: the right to privacy and security mechanisms, consumers have access to information, the rights; (3) Respect the background: the consumer has the right to expect the enterprise to collect, use and disclose personal information in a form consistent with the background of the data provided to it; (4) Security: Consumers have the right to require personal data to be secured and used responsibly; (5) Access and accuracy: when the data sensitivity factor, Or when inaccurate data may have a negative impact on consumers, consumers have the right to access the data in an appropriate manner, and to propose amendments, deletions, restrictions, etc. (6) limit the scope of collection: Consumers have the right to set reasonable restrictions on the personal data collected and held by the enterprise; (7) Responsibility: Consumers have the right to submit personal data to the responsible enterprise with appropriate safeguards to comply with the Consumer Privacy Act.

Then look at Europe's protection of personal data and information privacy. Similar to the dividing line between continental law and common law, Europe's protection of personal data and information privacy takes a holistic framework from top to bottom. Europe's combination of personal data protection and privacy began in 1995 with the European Union's "Data protection directive", which aims to protect the fundamental rights and freedoms of natural persons, particularly privacy related to personal data processing-prohibiting companies from using their personal data in a way that consumers do not want. The bill reflects the eight principles that the OECD has put forward on this issue: (1) Collection restrictions: The collection of personal data should be limited, data collection should be legitimate and the "owner" of the data to be informed or agreed; (2) Data quality: Personal data can only be used for the purposes claimed and should be accurate, complete and up-to-date; (3 Objective: The purpose of data collection should be clearly specified, the data subject should be notified each time the purpose of the change is made; (4) Restriction of use: the disclosure and use of personal data shall not be inconsistent with the purpose of its purposes unless the data subject consents or is permitted by law; (5) Security: Personal data should be protected from potential misuse (6) Openness: Data collectors should transparently disclose the collection, use and sharing of personal data; (7) Individual participation: should inform the data subject who is collecting and using its data, the data subject should be accessible to its data in order to make corrections; (8) Responsibility: Data collectors must responsibly create a system that follows these principles.

On a deeper level, the comprehensive collection, in-depth analysis and extensive sharing of personal data by network and large data technology are bringing about a lot of subtle and far-reaching effects on personal privacy and interests. First of all, in a large data environment, the individual's behavioral flaws may be permanently documented, which may make individuals at a disadvantage in qualification evaluation and opportunity competition. Secondly, the deviation of theory and technology and the subjectivity of interpretation make the possibility of distortion of personal data analysis, once as the "science" basis of social management, it may cause trouble and harm to personal life and body and mind. Thirdly, personal characteristics and group classification based on depth mining of personal data (such as correlation, clustering analysis) may cause new discrimination between individuals and groups. Although these issues have not yet become the focus of personal information privacy protection, the relevant discussions will undoubtedly help us to take a more sensible approach to the protection of information privacy in the era of network and large data--seeking a dynamic equilibrium between innovation and regulation.