大數據應用下個人資料定義的檢討：以我國法院判決為例

Abstract

The technologies of big data applications can help private and public sectors analyze predictive information and thus to develop new services. However, the data subjects are often unware of their personal data collected by others and generates the concerns of privacy invasion. We should weigh the value of the privacy protection among other societal values. The data protection law defines the personal data; however, it is controversial whether all the information related to specific individual deserves the legal protection. This paper attempts to analyze a court case in 2014 to discuss whether the name of mobile carrier belongs to the personal data of such a subscriber. It concludes that the unreasonable expectation of privacy information or the appropriately de-identified information that is available for public use can make use of data mining and analytics in the era of big data and thus create the efficiency of the data economy and is beneficial to the public interest.

The technologies of big data applications can help private and public sectors analyze predictive information and thus to develop new services. However, the data subjects are often unware of their personal data collected by others and generates the concerns of privacy invasion. We should weigh the value of the privacy protection among other societal values. The data protection law defines the personal data; however, it is controversial whether all the information related to specific individual deserves the legal protection. This paper attempts to analyze a court case in 2014 to discuss whether the name of mobile carrier belongs to the personal data of such a subscriber. It concludes that the unreasonable expectation of privacy information or the appropriately de-identified information that is available for public use can make use of data mining and analytics in the era of big data and thus create the efficiency of the data economy and is beneficial to the public interest.