Criminal Law Protection For The Personal Information Under The Age Of Cloud Computing

With the rapid development of cloud computing, violation of personal information become more diverse. Legal protection of personal information has become an urgent need for economic development and social harmony, though China’s criminal law protection of personal information still has many shortcomings. In this paper, after collecting some books and essays home and abroad on the topic of personal information protection, the author investigates and analysis the new problems of criminal law protection of personal information under cloud computing background, and also makes some recommendations accordingly.This paper is composed of four parts. The first part discusses the concept of personal information, its classification, and its legal property. Recognizable Definition is applied in this paper, and the personal information, according to different criteria, is divided into general and sensitive personal information, directive and indirective personal information, public and private personal information. Its legal property is defined as personal information rights. The second part discusses the protection of personal information under the background of the cloud computing. As the control right changed, the destroy become harder, illegal access and access denied become more common, two basic principles, the principle of hash restriction and the principle of safe protection, are applied. That is to say hash restriction should be put on the service provider about the scope and purpose of personal information gathering, and safe protection of personal information should be applied in management of employee, tech, system and etc. The third part discusses the current criminal law protection of personal information in cloud computing age, and analysis the dilemma of current regulations, which is to say the uncertainty of the meaning of key words, the imperfection of accusation system and accusation method, unsound of related supporting legislation. The fourth part gives some suggestions about how to better apply to the current criminal law and how to fix the defects of the current regulations. The key words like "personal information", "serious circumstance", "citizen", "provide", "steal", "other methods" and etc. should be reasonably defined in the background of cloud computing age. Suggesting to delete the precondition of "denying to modify" in the expression "the crime of denying to apply the network safe protection obligation". Suggesting to make distorting or misusing of personal information a criminal offence. Suggesting to make the private prosecution be the main prosecution method, while the public prosecution the supplementary. The conclusion appeal to expedite the development of relevant personal information protection laws, so that the law not only could effectively prevent and punish illegal activities, but also could protect and encourage the high-speed development of cloud computing, M2M, big data and other cutting-edge technology.