Criminal Protections For Personal Information

With the rapid development of informational society, all social fields haveexperienced great changes, which bring about increasing intrusion of personalinformation. The ways and methods of intrusion tend to be more diverse, and theprotection of personal data becomes urgent and difficult. How to legally protectpersonal information has turned out to a hot issue which draws international attention.However, the criminal law in China has not enacted due legislation on personal dataprotection. Based on the relevant theories and documents at home and abroad, thisdissertation has explored the backgrounds as well as the present situation oflegislation of personal data protection. With a comparative method, the author of thisdissertation has also attempted to analyze the impacts of legislation of personal dataprotection and its existing problems, summarize the difficulties and conflicts in theprocess of legislation, and consequently put forward some suggestions concerninglegislation. The whole dissertation consists of five chapters. Chapter one has definedthe concepts and classifications concerning personal data. Chapter two has exploredthe constitution, civil law, administrative law and criminal law. Based on thesejuridical logics, the author has expounded the necessity and practicality of legalprotection of personal data. Chapter three has comparatively analyzed the existingsituation and legislation modes of personal data protection in the US, Germany,Denmark, the UK, Japan and Taiwan of China, so as to provide some effectivereferences for personal data protection studies. This chapter has also investigated thepersonal data crimes in China and reflected the flaws in Chinese criminal lawconcerning the protection of the personal data. Chapter four has reviewed the existingpersonal data intrusion and its criminal constituency. Based on the past theoreticaloutcome, and rooted in Chinese realistic facts, the author has in this chapter analyzedaspects of the personal data criminal constituent, and hence generalized someblemishes in Chinese criminal law and relevant regulations. Chapter five has probedinto the imperfection of Chinese legal system concerning personal data protection,expounded the value conflicts brought about by network anti-corruption, and put forward some suggestions for the perfection of legislation. The author of thisdissertation believes that the legislative branches should, on one hand, make clear towhat extent the intrusion of personal data is criminal behavior, and on the other handcoordinate the relationship of “right protection” and “free migration”, adhering to theprinciple of minimal intervention, so as to take a stance of sound control of thecriminal circle. In the process of constructing legal system to protect the personal data,we should expand the subject scale, adjust criminal structure, and enhance theinteraction of criminal law, administrative law, and civil law. We should speed up theprocess of enacting “Personal Data Protection Law” and build up a sound personaldata protection legal system.