Legal Problems of Big Data and Personal Data Protection – with the Reference to the Social Credit System in the P.R.C.

• Main Authors: CHIANG,WEI-TSENG, 江威增
• Other Authors: 林俊宏
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/b8u598

碩士 === 逢甲大學 === 財經法律研究所 === 107 === Big data, also known as Megadata, is the collection of large amounts of data through computer technology for arrangement and analysis. It has become a powerful tool for the government and corporations to process large amounts of data. With the maturity of network technology, the popularity of digital devices and the substantial increase of the data amounts, whether the development of big data analytics will infringe on the individual privacy has become an important legal issue in the modern information society. On the other hand, the issue of “big data” may face the misuse of personal data by private companies or the threat of governmental surveillance over the public. This thesis will take the implementation of the PRC's Social Credit System as an example to analyze the issue of personal data protection under the development of big data analytics. In 2006, the PRC had implemented a nationwide credit system for corporates and individuals by the People's Bank of China. Unlike the credit reporting systems in the United States and Germany, the PRC's Social Credit System is directly led by the central government and is managed by a united credit reporting system. The PRC’s Social Credit System is not only used as a way to assess the financial credibilities of individuals or companies, but also as a solution to evaluate the PRC's current social and governance problems. Because the PRC's Social Credit System has handled personal data through the big data analytics, it has been considered as the threat to violate personal privacy rights. In particular, the PRC plans to utilize the credit rating and score of the Social Credit System as a compulsory measure over the public in 2020. Meanwhile, the implementation of the list of untrustworthy executed persons by the Supreme Court and the announcement of traffic violation lists have triggered criticism by the human rights organizations. Therefore, the main purpose of this thesis is to analyze the PRC's Social Credit System and tries to point out some issues including the unnecessity of control corporate or personal information through the big data analytics as well as the infringement or threat on personal privacy. Finally, the thesis will make the conclusion with some viewpoints and suggestions.