The Criminal Protection Of Citizen's Personal Information In Big Data Era

In the era of big data,the personal information of citizens is not only the right of personality and privacy,but also the key and basic elements of the operation of modern commercial and public organs.The intelligent society based on big data system has brought unprecedented influence on personal information collection,usage and transaction.In today's society,each person's personal situation,activity rule,preference,ability,thought can become data,be collected,collated,excavated,a person's whole life information can be rebuilt in the network with the help of database.This is a huge technological and conceptual leap for the entire society,however,in the absence of' In the case of advanced laws that go hand in hand with its technology,the subject of the data,the citizen itself,is no more than a war.Man is a person in the era of big data and should not be a means of building a large database,but a goal of the whole big data society.This war on protecting the rights and interests of human beings cannot be defeated.In the 1970s,many countries all over the world are carrying on the legislation protection of the citizen personal information data in succession,our country starts relatively late,has been in the protection not clear all the time,lacks the pertinence criminal law provision the present situation.This situation was not alleviated until the Criminal Law Amendment(7)formally brought citizen personal information under the wing of criminal law protection.After that,the Criminal Law Amendment(9)expanded the subject of the crime,modified the objective aspects,refined the level of sentencing,and further strengthened the protection of the legal rights of citizens in the Criminal Law on the basis of the Criminal Law Amendment(7).However,the actual handling of a large number of cases There are still many controversies in China,and it is difficult to apply them in judicial practice.The two high judicial interpretations,published on May 8,2017,and officially implemented on June 1,for the first time define the scope of protection of personal information and the criteria for conviction and sentencing.Enumerate serious circumstances,etc.The efforts and effects of the above legislative and judicial interpretations are obvious,but there are also some regrettable problems,such as the relatively single legislative model,the imperfect pre-existing laws,the lack of clarity in the provisions of the object of crime and the manner of conduct,Comprehensive and narrow ways of prosecuting citizens' personal information crimes.Because the foreign personal information related protection legislation started earlier,the experience 'is more abundant than our country,therefore,for our criminal law related protection legislation problems,we can draw lessons from the extraterritorial personal information protection legislation experience.Compared with China,Germany,the European Union,the United States and other western countries,the legal protection of personal information started earlier.The United States uses the laws scattered in the departmental law to protect personal information.Germany and the European Union have special legislation to protect the personal information of citizens.Compared with our country and the United States,the protection is more comprehensive,and it is not impossible to follow.On the basis of the positive or negative impact of big data on the whole social,economic,political,cultural and psychological aspects,on this basis,to improve our country's criminal law protection against personal information in the era of big data,we must combine the characteristics of the era of big data and draw lessons from the experience of the legislation on the protection of advanced personal information data from abroad.In accordance with the national conditions and political orientation of our country,a diversified personal information protection model is constructed and a special protection law of personal information is set up to supplement the 253rd criminal provisions of the criminal law and bring it into the scope of prosecution.The endless number of papers and news reports can enable people to have a deeper understanding of big data itself through reading and living.While raising the discretion of citizens to information and data,the law is also maintaining citizens'personal privacy and data security.And to ensure the healthy operation of the legal data industry,jointly achieve the final goal of promoting the positive and healthy development of big data era.