On The Criminal Law Protection Of Personal Information

Nowadays,society is in the background of big data.Due to the drive of interests,personal information has been infringed frequently.In 2015,China adopted the amendment of the criminal law(nine)to combine the original crime of selling,illegally providing personal information of citizens and illegally obtaining personal information of citizens,and set up a crime of infringing personal information of citizens in the criminal law.Compared with the amendment of the criminal law(seven),the amendment of the criminal law(nine)further expanded the scope of the subject of the crime and expanded the scope of the reference laws and regulations,set the method of dividing the criminal responsibility in accordance with the degree of the seriousness of the plot,and improved in many respects.However,there are still many deficiencies in the protection of personal information in the amendment of the criminal law(nine).For example,the definition of personal information is not very clear.In the process of judicial practice,there is often a definition of ambiguity,and a lack of "serious plot" and "serious plot",in order to be more effective.The criminal acts that restrict the infringement of personal information should distinguish the difference between personal information and similar concepts,clarify the legal value and the scope of the personal information itself,and distinguish the types of illegal acquisition of personal information,combined with the legislation of the two foreign countries to represent the state,and on the basis of the two high interpretations.It will clarify the meaning of personal information,expand the scope of personal information,clear the connotation of "the relevant regulations of the state" and the standard of "serious plot",perfect the setting of the penalty,perfect the coordination of the specific content of the criminal law legislation and the criminal judicial interpretation and other supporting measures,and suggest the introduction of personal information insurance.The law protects the protection of citizens' personal information as a whole.