On The Criminal Law Protection Of Citizens' Personal Information In The Era Of Big Data

The era of big data has come.User information,text information,location information,browsing history and so on have all become part of big data,recorded and presented on the Internet platform of this era."Big data" is not just a static concept,but a huge system centered on dynamic data.Technology is developing,technology is improving,and people's lifestyle has become more convenient and efficient.In the objective existence of big data,many personal information is recorded on the Internet platform.For example,the most common way of registration is that people need to fill in.Many people's information,including the ID number,home address,and contact information,etc.,can enter the next link.Under such conditions and foundations,it becomes easy to collect and use personal information of citizens and follow-up actions.It is worth mentioning that many of these exposed personal information are related to property information,such as Alipay and We Chat payment.Therefore,we can say that the value of the personal information behind citizens is presented in the era of big data.Increasing trend.The double increase in the value of meaning and the amount of information has provided strong support for the implementation of illegal crimes against personal information,and the high incidence in recent years is also closely related to this.Therefore,the protection of personal information of citizens in the era of big data has gradually become an issue of great concern.In the existing criminal law,the protection of citizens' personal information is continuously improved and perfected,but some shortcomings and lags are still emerging."Criminal Law Amendments(VII)"(Both are referred to below as "Amendment Seven")for the first time included "citizens' personal information" in the scope of criminal law,which was reflected in the establishment of the "sale,illegal provision of citizens' personalinformation" and "illegal acquisition." Citizen Personal Information Crime." The"Criminal Law Amendments(Nine)"(Both are referred to below as "Amendment Nine")canceled these two charges and unifiedly established the crime of "infringement of citizens' personal information." Such as this,with the continuous development of the times,legal loopholes continue to appear in the judicial practice,combined with the existing weak links,the protection of this issue of citizen's personal information criminal law is worthy of in-depth discussion.From the perspective of research methods,this article mainly adopts comparative analysis,literature analysis,and case analysis methods.Starting from the basic concepts and their legal attributes(different doctrines of controversial citizens' personal information concepts and their attributes),In the context of the era of realistic research significance,the necessity and basic requirements for the protection of citizens' personal information criminal law in the era of big data are studied and analyzed one by one.In addition,by searching,researching,and analysing the laws and regulations of our country(criminal laws and related laws and regulations)at various stages,the author examines the protection history of citizens' personal information from the perspective of China's criminal law on a macro level,and then discusses the criminal law protection of citizens' personal information in the era of big data.The overall status quo and existing problems.In this part of the discussion,the author will focus on the“Amendments Nine” promulgated in the past two years and the “Interpretation of Several Issues Concerning the Application of Law in Criminal Cases of Infringement of Citizen's Personal Information”(hereinafter referred to as “interpretation”).,compare them with the old law and analyze their progress,and then combine the existing vacancies in the current situation.Among them,in the course of research,in addition to analyzing the provisions of the existing laws,we should also attach importance to the problems existing in the protection of citizens' personal information at this stage.Specifically speaking,the author focuses on the following aspects: the concept of "citizen's personal information" isnot clear,the objective behavior and subjective crimes are not comprehensive,and there are cognitive biases and excessive criminalization in the application of criminal law.In addition,the purpose of the author's writing is to make a constructive change on the basis of the status quo of our country's protection of criminal law while studying.Therefore,in the time of research,we should not only base on the actual situation in the country,but also include legislative overview and judicial practice.At the same time,it also refers to the experience and lessons learned from representative countries in the field of personal information criminal law protection legislation.In general,we must maintain an optimistic attitude towards development,and we must not overlook the existing and potential problems at this stage.This requires us to work together to continuously advance progress in legislation,law enforcement,and justice,particularly in the areas of legislation and justice.In response to the discussion and reflection on the specific issues that existed in the previous articles,suggestions were made for improvement and suggestions were made available.For example,it is necessary to clarify the concept of a complete and unified “citizen's personal information”,increase the objective behavioral methods and subjective crimes,and adopt the relevant concepts and provisions in the general principles of criminal law to prevent over-criminalization and specific judicial measures.Of course,in addition to relying on the specific measures of the relevant agencies,as law-abiding people,it is also of paramount importance for each of us to establish a sense of self-protection.I believe that under the good atmosphere of joint efforts and unity and cooperation,we will give full play to the functions of criminal law in the era of big data so that we can truly prevent crimes,effectively protect citizens' personal information from infringement,and legally and reasonably use citizens' personal information.It is a great potential and hope to give full play to the advantages of the times.