The technical and social characteristics of big data surveillance society have been analyzed as well as the impetus from risk society and welfare state to form the big data surveillance. This paper shows how big data surveillance society allows governments to survey everyone undifferentiated and universally. The value of the right to privacy to democratic society and its substantive right and procedural right have been challenged in the big data surveillance society. In order to protect the right to privacy, the value of privacy should be reevaluated theoretically, and its functions of opacity to power and transparency to power should be implemented. The legal framework of privacy right protection should be reconstructed from both sides of legislation and judicial oversight.