Legal papers: Legal big data research and application of the six prospects

(Research papers Download News) 'People's Republic of China National Economic and Social Development Five-Year Plan' (hereinafter 'the 'Program' ') explicitly big data strategy to enhance national strategy, as a national' underlying strategic resource ', which for the promotion of national governance systems and governance modernization has important and far-reaching significance.

'Outline' OK, the big data as a basis for strategic resources, promote the full implementation of big data development initiatives to accelerate and promote data sharing and open application development, boost industrial restructuring and upgrading and social governance innovation. The state will co-ordinate the layout of nation-building big data platform, data centers and other infrastructure. Study on the development of open data, protection and other laws and regulations, the development of government information resources management.

For legal research, the big data means a new opportunity and challenge. Legal research area to open arms to embrace the arrival of the era of big data. The era of big data, legal data showing a large quantity, speed, diversity, instability, etc., big data is challenging traditional research methods of law, is to penetrate the field of law.

The rapid development of the law of large data and applications, has attracted the attention of the legal profession, the legal people have different perspectives from a variety of great change for this were the reflection and discussion. Research and application of the law of big data will become an innovative research in the field of law, we must be given attention.

Outlook One: Legal Resources data. The so-called resource, refers to the legal big data will become law and legal research across the field of social concern important strategic resource, and will become the new focus of the legal fight over. Thus, the research areas of law should be developed strategic plans of large data legal research, legal research results Big Data into all areas of society.

Looking ahead: Law and Legal big data cloud will combine depth. Big Data is inseparable from the legal cloud processing cloud processing large data provide legal elastically scalable infrastructure, is one of the big data platform to produce legal. Since the beginning of 2013, big data and cloud computing technology has begun to technology closely, expected future relationship between the two will be more closely. For this reason, it is recommended to establish cooperative judiciary Chinese laws and legal big data cloud platform, better play the national security and cyberspace security and the important role of law and legal big data in the cloud in the economic and social development.

Outlook Three: Big data will change the paradigm of legal research. Science, law within the meaning of truth is not strictly legal sense of just some of the social consensus, legal research methods based on the interests of the majority should be subject to the law connotation. Although the law because of the adjustment range, Adjusting Object and methods of legal research methods particularity has its own characteristics, but the research methods of law if not combined with other scientific methods, research methods of law has lost its meaning. Over the past few centuries has been dominated by scientific methods 'reductionism,' everything in the world will continue to break down to the smallest unit, however, this method as a research paradigm will come to an end because of a single person, a single gene, a single atom etc. Learn more on the whole society, the whole life of the system, the system does not understand the material increase a lot, sometimes from understanding the essence of the system further.

Looking in the fourth: Legislative big data field will enter the fast lane. 'Outline' that Big Data deepen in innovative applications in various industries, exploration and joint development of new formats of traditional industries the new model, accelerate the improvement of the industrial chain of large data. Accelerate massive data collection, storage, cleaning, excavation analysis of key technologies, visualization, security and privacy protection and other fields. Promote the development of Big Data software and hardware products. Big Data industry to improve public service support system and ecological system, strengthen quality standards and technical infrastructure. Faced with large data applications in various industries, it will create new areas of law, new legal applications, so the legislative big data has become an important field of legal research.

At present, the basic data from different government departments or agencies, but due to the absence of legislative data, resulting in open government data and data sharing has been unable to follow the boundary of the range, thereby forming a fragmented 'islands of information' and data barriers, severely restricted the important supporting role of large data sharing to accelerate the transformation of economic development mode. To this end, 'Outline', relying on government data sharing unified exchange platform, to accelerate inter-departmental data sharing a common resource. Accelerate the construction of the national unity government data open platform to promote the government information systems and the Internet open public data sharing. The formulation of government data sharing Open Directory, according to advance data resources open to the public.

Massive data collection, storage, cleaning, excavation analysis, visualization, security and privacy protection, openness and sharing, and cross-border data flows, etc., will be the focus of large data legal research and legislation. With the rapid development of large data, like computers and the Internet, as the law of large data is likely to be a revolution in legal research paradigm. The law of human thinking revolutionary changes will occur, that is no longer seek legal causation elusive, and focus instead on the complex relationship between social things.

Looking five: Legal big data will give rise to a new kind of legal profession - Legal Data Analyst. Legal big data analytics talent experienced will likely become a scarce resource legal research, application of the law, and legislation in the field of legal services, legal big data-driven research, application of the law and legal services and legislative changes in patterns of law. Along with the rise of data mining, machine learning, artificial intelligence, 3D printing, data cleansing, and other related technologies, it may change the data in the world of a lot of calculation methods and basic theory, and this will also make legal research objects and methods from traditional 1.0 times to 2.0 times over.

Outlook VI: Data Asset Management and protection of personal data will be the focus of attention of big data legislation. The era of big data, data is becoming a means of production, it has become a rare asset and emerging industries, becoming the land, labor, capital of the new elements form the core competitiveness of the organization's future development. Similarly, the personal data will also be individual citizens, the most important asset, and therefore should pay more attention to personal data protection and legally defined boundaries. 'Outline' emphasized the creation of large data security management system, the implementation of resource data classification and grading management to ensure safe and efficient trusted application. Implementing data security engineering, data resources to strengthen security in the acquisition, storage, applications, and other aspects of open, public data resources in strengthening various types of shared public safety and other aspects of assessment and protection, the establishment of the Internet and corporate data resource asset utilization credit mechanism. Strengthening the protection of personal data, to crack down on illegal disclosure of personal data and selling behavior.

I think that the era of big data legal protection of personal data should follow six principles:

- The purpose of collecting personal data must be clear. The handling of personal information has a specific, clear and legitimate purpose, not to expand the scope of the collection and use, does not change the purpose of processing personal information.

- Collection and use of personal information should be transparent and open. Prior to the collection and use of personal information, a clear, understandable and appropriate manner to the processing of personal data subject informed of the purpose and scope of personal data, personal data retention time, personal data protection system, the rights of personal data subject.

- Personal data should be collected to ensure the quality of the data. According to the need to ensure that the purpose of processing the personal data collected is accurate, complete and up to date, non-tampering and destruction.

- Managed data carrier body shall ensure the security of personal data. To take the necessary administrative measures and technical means to protect the security of personal data, preventing unauthorized access to, disclosure and loss, disclosure, alteration and destruction of personal data.

- Do not steal personal data and transactions. Any individual or organization may not stolen or otherwise unlawfully access to personal data, shall not be sold or illegally providing personal information of citizens to others.

- Collection and processing of personal data should be informed consent. Personal data without the subject's consent, can not collect and process personal data. During the handling of personal information, in order to safeguard their rights of personal data subjects provide the necessary information, ways and means. Clear personal responsibility for information processing, but also to take the necessary measures to implement the relevant responsibility.

The author is president of Information Industry Development Strategy Research Institute of Nanjing University of Posts and Telecommunications Wang Chunhui (Source: Xinhua; compile: China Electronic Commerce Research Center)

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