On The Criminal Protection Of Personal Information

Nowadays we have entered the so-called information era, and information has become an indispensable resource for the government and business operations. Due to the double characteristic of the personal information, which consists of personality and property, the personal information can be applied to improve the working efficiency of the government, promote the development of the market economy. Nevertheless, it is frequently abused, maliciously disclosured in people's private life. With the quickening-up of the social mobility and the popularization of the network, the personal information security is becoming more and more serious. Howevere, the law and rules about the personal information protection are not yet perfect enough, even out of system sometimes, so it calls for some measures to help the personal information protection.On February 28, 2009, The Seventh Amendment to the Criminal Law of PRC formulates some rules toward the personal information protection, definding criminal responsibilities for sales, illeagal offering and gain of the personal information, which is actually a great progress in the history of legislation in China. However, some items are too simple and vague, so there is a difficulty in it's functioning. Based on the features and legal characteristics of the personal information, this paper demostrates the necessity of the personal information protection for Chinese citizens, and analyses the criminal law protection to the personal information. After making comparison with foreign countries, some proposals are finally expected to be suggested.There are five parts for the paper. The first part definites the personal information, its features and legal characteristics, which compares the related concepts. Expounding the current situation about the invasion of the personal information, the legal protection frame in China today, the second part demonstrates the necessities of the criminal law protection to the personal information. The third part gives an over-all interpretation to the seventh amendment to the criminal law in China, and it formulates some rules toward the personal information protection. The fourth part explores and summarizes the significance of the criminal law protection to the personal information by making an comparison of the personal information protection between domestic and abroad. The fifth part points out some disadvantages of the criminal law protection to the personal information and recommends some suggestions on how to perfect the lagistration of it.