| With the development of society, science and technology, we entered the information society. Information-oriented society gives us numerous convenience, in daily life or social life, everyone has personal information which do not want to been known. When government or departments of finance, telecommunications, transportation, education, health care and other carry out their public functions and provide public services, during which they inevitably collect and process large amounts of personal information of citizens. If these departments and agencies can't perform well in the information security oversight, management or information technology processing, there will be personal information security risks; Fill out the questionnaire, Member registration is commonly used in business to collect personal information, Some intermediaries or copy shops save customers'personal information while copying materials. If these business men lack of self-discipline or internal staff lack of professional ethics, and want to reap personal benefit, they may sell or exchange the personal information for commercial activities or even do some illegal trading. Hackers on the network all-pervasive, the use of advanced computer technology client computer trespass, they theft of customer personal information and so on. In everyday life, people also lose personal information in their daily life, For example, a provincial china mobile company's stuff collect customers'numbers by illegally, and send a large number of illegal spam messages frequently, and make the customers annoyed; Now the popular online "human flesh search" has become a "network violence." People will be searched of their personal information include name, age, work unit or even members of the family have become transparent and exposure in the public eyes; Early in 2009, the exposure of Hong Kong "Pornographic" incident, leave the hero an indelible negative influence and the influence is far-reaching. Frequent garbage collection messages make the relevant service units come into credit crisis, Intruder targeted door to door, which upset our life. But in our current legal system, only a violation of personal rights of personality or reputation can let the intruder bear civil liability. Responsibility of the victim is just a little bit of poor civil remedies; few of them pursue the administrative responsibility. Recently, China's criminal law amendment increase the protection of personal information content, to some extent, improve China's legal protection of individual citizens in the gaps, Protection of personal information is not only an important progress, but also the state respects and safeguards of human rights, constitutional principles in criminal law into a reality.The whole text Including abstracts and full text, the body is divided into four chapters.The first chapter, an overview of the protection of personal information from citizens. I may analysis it from 4 areas which are the concept, the basic content, concepts of comparison and the consequences of misuse of personal information.The second chapter, list the protection of the personal information from some foreign countries and individual protection in our country now, as well as summarizes the meaning of the criminal law to protect individual citizens significance.The third chapter, interpretation the protection of personal information about citizens in Criminal Law Amendment VII. Through the method of legal interpretation, discuss several related issues, Can "unit" be the subject of a crime ; how to understand the word "serious"; what can we do if the information provided is false; what is a common criminal of personal information; Whether or not can the most popular "human flesh search" be into the offense?The fourth chapter, after legal interpretation and thinking related issues in the third chapter, provide problems and suggestions of the criminal law protection of personal information. |
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