Research On The Criminal Regulation Of Citizens' Illegal Use Of Personal Information In The Era Of Big Data

In the era of big data,the illegal use of citizens' personal information is frequent and has serious social harm.The extensive use of big data technology has triggered changes in the basic form of personal information.The "re-identification" technology of citizens' personal information has given birth to new means for the illega l use of citizens' personal information.The dynamic value of citizens' personal information has led to the lack of a criminal regulation system.However,the current legislative policy has problems in the protection of citizens' personal information.The scope of application of administrative responsibility and civil liability is extremely limited,resulting in a strict and heavy blow to violations of citizens' personal information,and the trend of penalties magnified.Therefore,when penalties are involv ed in the illegal use of citizens' personal information,they should follow the principle of mutual coordination of interests,adaptation of crimes and punishments,and the principle of restraint in criminal law,and adhere to the incriminating,illegal an d serious social harm of incriminating standards to limit the criminal law.The intervention of citizens' personal information behavior.At this stage,illegal use has been separated from illegal acquisition,provision,and other behaviors,and it has beco me a type.Related pre-applied administrative regulations have already explored the illegal use of regulations.This behavior,as a key link in the infringement of the citizens' personal information industry chain,should be included in the behavioral syst em of infringement of citizens' information crimes.It is feasible to establish corresponding regulations by establishing the crime of illegally using citizen information.From the point of view of setting up the constitutional elements of adding new crime s,the object of the crime should be a complex object;the subject is a general subject;and the objective aspect is that there is no act of authorizing the use or handling of personal information of the citizen,or violate the agreed purpose or scope.Or the use of citizens' personal information;subjective aspects are direct and intentional.In the application of justice,the criteria for serious cases should be accurately grasped according to the type and quantity of information and the damage results.T he right to personal information of special human rights should be restricted and derogated.At present,there are several types of controversial behaviors such as identity theft,behavior-directed advertisements,bulk messaging,profit-making,and telemarketing that are applicable to the administration of justice.These regulations should apply to...