Criminal Law Protection Of Personal Data Security In The Era Of Big Data

Regarded as third wave of science and technology---the era of big data comes to us faster than expected,which also changes people's lives profoundly.Through the accumulation of data,the Web and social networking sites keep track of on-line shoppers' purchasing and shopping decisions and habits,search engines record people's web browsing habits,and social relationships are traced through the social network.What's worse,by searching,association analysis,online browsing,e-commerce online shopping,online payment records,location records,audio and video recording and so on,all kinds of personal information----height and weight,gender,health status,and the name,marital status,religious belief,home address etc.can be uncovered.Driven entirely by great profits,technology hackers and fraud group work together closely and seamlessly,as a consequence,personal data faces severe security threats with personal data infringed through many channels and in different forms in this era of technological advancements.Therefore,in this era of big data,personal data security has become a public concern,and to strengthen the protection of personal data meets actual demands and faces challenges.According to the characteristics of the era of big data,personal data security and challenges are analyzed,and the deficiency of personal data protection in the current criminal law of our country is found out.Therefore,the legislation on protecting the safety of personal data needs to be improved and strengthened.Based on the concept of the modesty of criminal law,the awareness of personal data protection needs to be raised.In this essay,two solutions are offered from the concept of criminal legislation and criminal justice.From the angle of criminal legislation,expansion of the connotation of personal data from personally identifiable information to not personally identifiable information is required.(Personally identifiable information is the data that can directly reflect personal identity,such as ID number and home address;not personally identifiable information refers to data that does not directly distinguish individual's identity,but any other information that is linked to an individual).And the exploit of personal information by stalking not personally identifiable information may also result in serious consequences,which should also be punished.From the perspective of criminal justice,dataprotection should be studied from both the quality and quantity of personal data depending on the characteristics of the era of big data.