User data in a large data age needs to be protected differently

The age of great data, the era of Internet of things, with the development of cloud storage and cloud computing, the popularization of intelligent terminals represented by smart phones, smart appliances and wearable devices, the user data uploaded and collected through various intelligent terminals will be more and more, and the analysis and exploitation of user data will be the commercial value of large data. The nature and usage rules of user data with great value are the problems we should consider.

The concept of "distinguishing ownership" of user data

Referring to user data, we first think of the user's "privacy". Civil law everyone liming in his editor-in-chief of the "New Theory of Personality rights law" that the right to privacy is a natural person to their own personal information unrelated to the public interest, private activities and private domain to dominate a personality right. Visible privacy is an "individual" interest, emphasizing the identity of rights and personality attributes.

The core of the business value of user data is not the personal rights and interests of "individual", the necessary condition is to have enough sample of user, which emphasizes the right of "collection", the commercial value of individual user data is limited. The core value of user data lies in the huge amount of user's personal condition stored in the cloud, behavior, demand sample analysis and mining, on the one hand for the upstream hardware vendors to provide product development basis, on the other hand, the user's consumption, life to provide "tailored" services, thus forming a network of things in the whole industry chain cycle, Achieve more efficient management of social resources and create more value.

It can be seen that although user data comes from "individual" data, it is the user's data that ultimately benefits society. Therefore, in defining the nature of user data, the author proposes to classify the user data into identity data and sample data according to the identity attribute of a single data, and to protect the two kinds of data differently.

User identity data refers to data that can be locked to a particular user through a single individual data. such as name, ID number, various account information, contact details. For example, we can contact a specific user through a telephone. Therefore, this kind of information has the strong identity attribute, must define as "the right of privacy" the scope, its main body should be the user individual all, its use and the operation, must pass the user's permission, otherwise will be judged as the infringement. The existing laws and regulations, such as the decision of the Standing Committee of the National People's Congress on strengthening the protection of Network information, the Ministry of Trade and Telecommunications and Internet users of personal information protection provisions, as well as consumer rights and Interests Protection Act, "Network transactions management measures" of the personal information, when it belongs to the user

Sample data is the database of user's personal status, behavior and requirement through individual data, and relevant data obtained by analyzing and digging above data. The ownership of such data should be shared between the user and the Data collector, but the proposal for the right to operate should be in the hands of the data collectors who can play their value. Separating the ownership from the right of management can not only guarantee the individual rights and interests of the users legally, but also conform to the principles of economics.

Operating rules for sample data

The rules for the use of user identity data can be implemented in accordance with existing laws and regulations. We only need to adopt legislation to clarify the scope of the data applicable to the above laws, and to develop operational rules and regulations for the protection of user identity data and privacy at the policy level of implementation.

The existing law does not have a clear basis for the use and operation rules of sample data. According to the foregoing, the author has developed the ownership of the user and data collectors in common, and the right to operate is recommended in the hands of the data collectors who can play their value. The purpose of this design is to retain the user's "forgotten right" and the second is to play the role of maximizing the use.

First of all, the retention of the "forgotten right" is the basis of user data usage.

With the advent of the big data age, people are most worried that they will be exposed to a glance, with no privacy to speak of. Therefore, the individual information is open, the degree of openness, requires the individual to be able to control, that is, users to determine their own open to the outside world of the breadth and depth of personal information, but also at any time by themselves or request to collect data, delete their grasp of any data on the individual user. When a user asks the collector to delete his or her sample information, it is necessary to provide a basis for identifying his or her individual information (generally required for identity information) to prove that the information requested for deletion is his or her own sample information.

Secondly, when collecting sample data, the data collectors should publicize their collection ways and ways, and the ways and methods for users to delete their own sample information. Only in this way can users know what data they collect from their collectors, and whether their sample information is safe for use by the operator, to determine whether they are willing to continue to use the Data Collector's products and to hand over their sample information to the Data collector for operation. Once the user chooses to use a data collector's product, the data collector will share with the user the user sample data it collects.

Third, data collectors are free to use and operate the sampled data of their collected users without user's authorization under the premise of complying with the law for the protection of users ' privacy.

At present, the requirement of different degree of sharing and authorization data among the data collectors is the trend of large data development. The interconnection of cloud and cloud can make the data sample become large enough, make the result of data analysis and mining more valuable, make the connection between different intelligent terminals become possible, so that the real realization of large data network of things.

The sharing and authorization of sample data involves a large number of individual information, if the user such activities need to pass the authorization of individual users, will greatly hinder the business efficiency, the data and information is anywhere, requiring a single user to authorize a single sample, also affect the user's experience. So the most realistic way is for data collectors to operate and use their data without the individual user's authorization.

Finally, the income obtained by the data collector through the sample data, the individual user must have the allocation right.

It is easy to understand the income distribution right of individual users in data management. The source of the data is the individual, the individual is the owner of the sample data, so it is rightfully the benefit of operating data. The way and number of allocations can be determined and publicized by the data collectors, and once the user has used the product of a particular data collector, that means that they agree to receive the proceeds at that price. Of course, the prerequisite for a user to receive proceeds is to provide a basis for identifying the individual's information (typically, identity information) to prove that it is the provider of the corresponding individual sample data.