On Criminalization Of Illegal Use Of Personal Information

In the era of digital economy,personal information is attracting more and more attention because of its potential economic value.Through the in-depth mining and utilization of citizens’ personal information,the progress of the Internet industry has been promoted.At the same time,high-quality user experience has brought convenience to people’s daily life.However,because of the ubiquitous information network,almost all our actions will leave traces on the information network,which undoubtedly increases the risk of our personal information being used illegally.As far as the current criminal law provisions are concerned,there is no regulation on illegal use of personal information.In order to cope with the existing social situation,this article advocates that the illegal use of personal information should be stipulated as an independent type of behavior in Article 253 of the Criminal Law.In the first part of this paper,the author firstly analyzed the independence of the illegal use of personal information,which is different from the three existing types of behavior in fact,normative sense and protection purpose,to prove the rationality of its existence alone.Secondly,it demonstrates in detail that this type of behavior is in line with the principle of modesty and restraint in criminal law,and proves the feasibility of its criminalization.Finally,it proves the necessity of its criminalization by discussing the factual harmfulness of this type of behavior and the specific legal interests it infringes.A new type of behavior is bound to involve the standard of criminalization.Therefore,in the latter part of this paper,through combing the current research situation,it is believed that the key reason why the academic circles have not reached a consensus on the regulation of illegal use of personal information is that the specific mode of illegal use has not been clearly defined,so that a complete system can not be formed.In this regard,based on the summary of three typical ways of illegal use,this paper further discusses the specific criteria of criminalization.Finally,for the illegal use of personal information,the corresponding criminal law provisions are set up.It is hoped that it will be helpful to the theoretical research on the illegal use of personal information in criminal law circles.