A Study Of Crimes Of Invasion Of Personal Information

The motivation for writing this paper from the "Criminal Law Admendment(7)" which being into effected in October 16,2009, the latest introduction of the "crime of selling and providing personal information illegally" and "crime of obtaining personal information illegally." With the rapid development of the information age and the increasing trend of globalization, the phenomenon of personal information which being infringed is becoming more and more serious. Growing number of legal scholar, social scientists began to enter in to the field to study the source of violation of citizens" information, protecting measures for citizens" information and extraterritorials'and so on came into our vision. I majored in computer science and technology in undergraduate university, there is a certain relationship between the proliferation of computer and persona information from a wide range of conditions, so choose the topic is a combination of both undergraduate and graduate professional content. This paper is beginning from the discussing of the concept of personal information, there are many kinds of words in legal field which it has not been uniformed, we will distinguish the related basic concepts in this part, compared to the selected foreign countries related to personal information about concepts were discussed. After this, the article will elaborate on the Protection of Personal information through the legislative background,the current status of the right of control over personal information, the related civil charges in "Criminal Law Amendment(7)" and the specific meaning of these provisions by which the content of Protection of Personal Information will be three-dimensional display, in order to enhance the citizens' awareness for the protection of personal information. Then, this paper will view on the legislation of the citizens of foreign countries, particularly the European Union and the United States legislative models, stones from other hills,can learn. Information development abroad is earlier than China, and more emphasis on privacy, has accumulated a wealth of valuable experience. These experiences that we take more detours to avoid, if we can learn from foreign experience in scientific way, we can better use the law of the powerful weapons to protect individual citizens information. Finally, we will discuss the problems existed in the protection of the personal information, we have a very short time for the Criminal Law to the protection of personal information, problems are a normal thing, but we need to summarize these issues in order to be reflected in the future legislative work.