Study On The Criminal Law Protection Of Personal Information

With the advancement of technology and social development, we gradually enterthe information society, the value of Personal information and economic is increasing.Personal information not only laid the foundation for government agencies to exercisestate power, but also can bring huge economic benefits for the enterprise. Therefore,in the enjoyment of personal information collection, processing and utilization of thebenefits at the same time, we also had to face the serious consequences of the illegalviolations to the personal information. At present, many business enterprises collectpersonal information of citizens beyond their limits of power, the more indignant isthe information’s malicious transactions or be discarded improperly, so every day,numerous violations of personal information happened, such as frequent harassingphone calls, text messages, e-mail and other acts of violation of personal informationseriously disturbed the private life of the citizens’ normal life and illegal or criminalacts such as kidnapping, theft, fraud, blackmail and imposed exactions have occurredby the use of illegal access to personal information which cause loss of physical andmental harm to citizens, a serious violation of citizens’ personal and property safety,impact on the management of social order. So “Criminal Law Amendment (7)”whichincludes “the crime of selling, illegally providing personal information”,“the crimeof illegally obtaining personal information” makes provision for the criminal acts ofoffending citizens’ personal information.The Criminal Law Amendment (7)"defined the criminal responsibility of thecriminal acts of infringement of citizens’ personal information. This is our country’sfist time of making provision in the level of criminal law provisions about thecriminal acts of infringement of citizens’ personal information. This has a significantprogress in protecting citizen’s personal information, perfects the way of protectingcitizens’ personal information, provides strong backing for the protection of citizens’personal information. This also is a concrete manifestation of our constitution principle of respecting and protecting human rights highlighting the public powerconstraints and the legislation idea of protecting the privacy. However, this rule is notperfect. For example, the connotation of personal information is not clear enough, theregulations of “cases of gross invasion” are not clear enough and the absence of therelevant pre-laws and regulations. So it needs further improve and clear by judicialinterpretation.This article has parts: The first part describes the concept of personalinformation, legal attributes, and related concepts. The second part describes thelegislative background of China’s protection of violation of the personal informationof citizens, relevant laws and regulations, as well as the foreign criminal protection.Contrasting and inducing the characteristic law of personal information protectioncharacteristic based on the summary of extraterritorial law for the protection ofpersonal information. The third part mainly introduces the constitution of “the crimeof selling, illegally providing personal information” and “the crime of illegallyobtaining personal information”. This section analysis the constitution of “the crimeof selling, illegally providing personal information” and “the crime of illegallyobtaining personal information” from the subject of crime, object, subjective aspectand objective aspect. The fourth part mainly introduces the differences of “the crimeof selling, illegally providing personal information” and “the crime of illegallyobtaining personal information” as well as their relationship with the related charges.Finally discuss that whether the acts of manpower search offend the penal law. Thefifth part introduces the lack of criminal law protection of our personal informationand legislative perfect. Criminal law protection of our personal information has madegreat progress, but there ere still some inadequacies. We should improve thelegislative from the following aspects: The scope of the personal information ofcitizens needs to be clear, the standard of "serious" needs for greater clarity, theprosecution should be mainly of private prosecution.