The Criminal Protection Of Information Security In The Background Of Big Data

In recent years,big data technology has penetrated into all aspects of social life,there are many big data research,but most of these studies are from the perspective of information science,research related issues are mainly how to take information technology to ensure that big data technology In the information security,and from a legal point of view is still relatively blank.China's existing criminal law system is the legal system of traditional industrial society,with the rapid development of computer technology,through the emerging problems of local adjustment,and to explain the way to supplement the judicial interpretation of various emerging crimes Has formed a relatively complete system of legal sanctions.However,in the face of a new round of information technology revolution,the existing criminal law system can not play a good role in safeguarding information security in the context of large data technology.Its regulation of information technology behavior is narrow and the concept is relatively old.Of the legal protection is not comprehensive enough,there is a certain gap,which are fully embodies the existing criminal law in the context of the rapid development of information technology serious lag.Big data as a key force to promote social change has a wide range of applications and great potential value,so the establishment of a sound legal system for Big data protection is imperative.This protection is for Big data collection and processing of information value,involving the individual,the company's information protection,involving the government's social management functions into full play,but also related to state secrets and national security of major issues.It is also necessary to construct a more complete and more compatible system of criminal law protection for a series of new problems caused by big data,and realize the leap from traditional criminal law thinking to criminal law thinking in information age.In the era of big data,the development of information technology has spawned new legal rights and interests,these new legal benefits include massive amounts of metadata itself,but also from the metadata into the information behind the technical support.This increase in legal interest requires us to realize the transformation from the real right to the right of information,First through the strengthening of property crime upstream and downstream combat indirect efforts to strengthen the fight against large data crime;Second,we should increase the generation of large data The process of attention,by judging ahead of time against the interests of the point of time to achieve the protection of platform information expansion,to achieve isolation of the database to the massive data security risk prevention and control;finally need to achieve from the fragmentation to the system of thinking change,Constructing an information-centered criminal law protection system and constructing information legal interests in the information technology society.Through the analysis and explanation of information technology and legal norms,this paper explores the insufficiency of the existing criminal law system in the face of information security under the background of big data,puts forward suggestions on the security of criminal law and perfects the existing criminal law system.