Criminal Law Protection Of Personal Information Security Under The Background Of Big Data

The development of Internet technology has brought about a big data era,and it has also brought a series of new types of crimes.Information crime is one of them.In the face of a new wave of information,the existing criminal law system has revealed obvious deficiencies in solving the problem of big data crimes: the protection object is not comprehensive;there is no systematic protection system;personal information protection lacks pre-emptive laws.This is a serious lag in the criminal law's technological changes in the general environment,and it is also a new adjustment requirement put forward by the society to the criminal law.Therefore,this paper starts from the hidden dangers faced by citizens' personal information in the era of big data.After analyzing the causes of these hidden dangers,this paper proposes the criminal protection opinions of personal information security in the context of big data with reference to relevant foreign legislation and the actual situation in China.The first part of the thesis starts with the research of personal information in the context of big data,and analyzes the different characteristics of the generation,collection,storage and application of personal information in the era of big data and the hidden dangers,including the process of personal information generation.The definition of personal information and the object and degree of protection of criminal law,the excessive collection and unauthorized access of network service providers in the process of personal information collection,internal personnel violations or technical failures in the process of personal information storage lead to the disclosure of personal information The problem is that the legal norms in the application of personal information are not perfect and the industry supervision is blank.The second part of this paper systematically reviews the eight crimes of personal information protection in China's criminal law,including the crime of violating citizens' personal information,and finds that the current criminal law is not perfect in protecting citizens' personal information security,and there are still deficiencies in the protection objects,protection system and other aspects.The third part focuses on the relevant foreign legislation,the eu's "general data protection regulations",its regulatory awareness following the development of The Times,and the establishment of a series of new data rights and regulatory methods in the regulations.The United States realizes the protection of personal data security through thecombination of government regulation and industry self-regulation.Starting from the concept of personal information,the Macao special administrative region has formulated a systematic legislative model and relief mechanism to comprehensively protect personal information.This article on the fourth part of the system caused by the big data information security problem,also needs to further build criminal law protection system,can be based on the existing legislation and related practice,in personal information technology standard instead of play a role of minimum standards legislation,on the basis of through mainly aims at the special legislation in specific areas of government form personal information and orderly use of breakthrough,and connecting with the personal information standards formation,industry self-discipline and other personal information collection using order,maintain personal information under the premise of orderly use of the whole play at the end of the criminal law protection.In addition,the personal information protection in criminal law itself across the constitution,administrative law and criminal law,the legal department of the line,the line bifurcation problem is,in fact,the limits of criminal law and the constitution,the criminal law and administrative law,establish the constitution and administrative law order of personal information protection,comprehensive build ethical order and rules of personal information protection system can solve the problem.