Research On Criminal Law Protection Of Citizens' Personal Information In Big Date Environment

With the maturity and development of cloud computing,it fundamentally changed the storage mode and access mode of data.Through the "cloud" and "cloud storage",the data of each netizen can be aggregated and stored safely and quickly,thus forming a data center.Compared with the scattered data in the traditional sense,this massive data generated by cloud computing The collection is called "big data." The generation of data follows the use of data,and as the core data of the data system-citizen personal information data,it is facing the cyber security threat of excessive abuse and illegal use.Therefore,it is increasingly necessary and urgent to strengthen the security of citizens' personal information data,especially criminal law protection.It is undeniable that whether it is criminal legislation or justice,in recent years China's criminal law has made important efforts in protecting the personal information security of citizens,and its effectiveness is obvious to all.However,with the acceleration of the big data process,the current criminal law has also shown some deficiencies in protecting citizens' personal information.In the scope of protection of “citizen personal information”,the privacy protection model generally established in judicial practice has a narrow basis for rights and limits the protection scope of citizens' personal information.In the protection of legal interests,the current established personal rights and democratic rights and interests have neglected the characteristics of citizens' personal information under big data and the new characteristics of crimes,and there are insufficient regulations.Hazardous behavior is an important component of crime.The criminal law only regulates the criminal acts of illegally obtaining and illegally providing personal information.However,in the face of the threat of illegal use,there is no regulation and the lack of illegal use of this important behavior.In the crime system,the lack of source crime regulation has become the cause of high crimes,and the current criminal law lacks the crime of regulating such crimes.On the penal system,the characteristics of the crime of infringing citizens' personal information crimes are not considered,and the penalties that conform to the characteristics of crimes are lacking.The interactivity and breadth and depth of the information society continue to strengthen,so that personal information data is no longer just about individuals,but closely linked to national security and development,and has an important impact on national security and development.Therefore,ensuring the security of network information and data has become a common concern of all countries in the world.The United States protects the right to privacy through special legislation and flexibly reflects the needs of the times through jurisprudence;Germany introduced the Federal Data Protection Regulations in 1977 to regulate and improve the collection and acquisition of personal information of citizens,and established self-determination of information.The right to express the value of freedom;the European Union's recent General Regulations on Data Protection has increased the portability of data and the right to be forgotten to make data protection more comprehensive.The United States,Germany and the European Union have provided important reference value for the protection of citizens' personal information.China should absorb the excellent experience of the United States and Germany,and combine the characteristics of the rule of law with the development of the times to propose the following improvements to the criminal law protection of citizens' personal information.Recommendation: Establish the basis of personal information rights,appropriately expand the scope of protection of citizens' personal information;establish the public nature of legal benefits,reflect the characteristics of crimes and the characteristics of personal information;incorporate illegal use into criminal law,protect citizens' personal information in all aspects;increase scientifically and appropriately The crime of invading the citizen's personal information system and the punishment embodying the characteristics of the offender are conducive to establishing the authority of criminal law and effectively reducing crime.