Criminal Law Guarantee For Data Security In The Era Of Big Data

In the first,this paper studied the present situation and defects of criminal law protection of date security in the big data era, then analyses the reasons of defects, and puts forward some concrete Suggestions, finally, for the construction of criminal law and administrative law of data security system are studied.The first chapter analyzed the present situation and defects of the criminal law in our country in big data data security. First,studied and analyzed the Safe hidden trouble of personal information, commercial secrets, national secrets and information security in the big data era ,and then the protection status of big data data security and the defects are studied, mainly studied the present situation and defects of China's criminal law about information systems, personal information, commercial secrets, national secrets and intelligence.The second chapter analyzed the defects reason of criminal law in ensure the safety of big data security. Current,The research from the legal Angle of essence and characteristics of big data is blank, it is an important reason which lead to the lack of criminal law in protecting data security in big data era.so in this chapter thinking and summarized the essence and characteristics of large data from the view of legal angle. I think that is the nature of big data: big data is the digital image and value of the objective world, big data has the following characteristics from the view of legal angle: data has liquidity, data has independence,and the data value is not easy to measure.The third chapter, according to the nature and characteristics of the large data, puts forward specific Suggestions on criminal law to ensure the safety of large data. 1, according to the independence of the data, it is suggested that establishing data as independent crime object, and modify the crime of illegal for computer information system data for the crime of illegal access to data.Data has the independence, and the system, network connection, is no longer confined to the interior of the computer information system, should be protected as an independent object. 2, according to the data of liquidity, it is suggested that establishing the data flow protection mode. The current criminal law protection model is Fence" type, and has show defects as data range is bigger and bigger. Data has liquidity, the data flow protection mode should be a better protected mode. 3, proposed the unity legal system of the era of big data data security. Big data era needs to be fully appreciated, to establish the unification of the data security legal system, for our country in the new round of international competition to provide competitive advantage of powerful guarantee.The fourth chapter studied the combinative construction of administrative law and criminal law for the data security system. Data security requires proper administrative law norm, the author suggested: 1, establish personal data center for everyone. Personal data center will facilitate personal privacy risk assessment and rights protection, also can greatly improve the level of social management. 2, mandatory reporting system. When the data security accident is happen, if not timely report, should bear legal responsibility. 3, the important link of the data stream need administrative law's management. Administrative law need for data acquisition and data mining that two important links of data flow management. In addition in this chapter, the co-opetition relationships of administrative law and criminal law in the protection of data security was thinking.