Research On Basic Problems Of Crime Of Infringing On Citizen’s Personal Information

Citizens’ personal information includes various information that can identify a particular natural person or reflect the activity of a particular natural person.Citizens’ personal information has gradually become the "gold" and"oil" in the context of the era of big data.Social participation entities such as management agencies and information service providers can realize their political and economic interests through the full exploitation of citizens’personal information.Due to the enormous value potential of citizens’ personal information,it is increasingly becoming the target of crime.Especially in the era of big data,citizens’ personal information is presented with data;political and economic values are prominent;public characteristics and other new features make it easier to become a target of criminal infringement.In the context of the era of big data,the generation and flow of citizen’s personal information will involve many individuals such as citizens,management agencies,and information service providers.The object of this crime is not limited to individual citizens,but also to the direction of publicization and diversification.The legal interest of infringement of citizens’ personal information presents a public character.This kind of crime presents a high incidence and frequently occurring situation,which not only seriously endangers the personal information security of citizens,but also combines with downstream crimes such as telecom network fraud,and the social harm is increasingly serious.It has become an important proposition in the era of big data to find an ideal balance between giving full play to the political and economic value of data and preventing the illegal collection and abuse of personal information.At present,there is no specific legislation for crimes against citizens’personal information in China.One of the 253 articles of the Criminal Law,the Amendment(9)of the Criminal Law and the Interpretation of Several Questions Concerning the Applicable Law in Criminal Cases of Infringement of Citizens’ Personal Information have become the main basis for regulating such crimes.The subject of the crime has undergone a transformation from special to general,and the unit is also the subject of the crime.The object of the crime is citizens’ personal information,which includes Chinese citizens,other nationalities and stateless persons.This paper analyzes how citizens with a larger exposure range of personal information,such as public figures,protect the unit information and whether it belongs to the object of this crime.There are two main ways of the crime:selling,providing citizens’ personal information and illegally obtaining citizens’ personal information."Interpretation" mainly describes the situation of "serious circumstances" and "extraordinary circumstances" from the aspects of information type and quantity,information use,illegal income,identity characteristics,subjective factors,etc.,which will infringe citizens’ personal information behavior.Harmfulness is worthy of the circumstances surrounding penalties and sanctions.After the analysis of this paper,it is found that the current criminal law has provisions for this crime:the definition of legal interest is inaccurate;the lack of provisions on the "illegal use" of citizens’ personal information;the lack of standards for the identification of citizens’ personal information is not clear.ln combination with my judicial practice,I tentatively propose:establish the publicity of the legal interest in infringement of citizens’ personal information;reasonably regulate the behavior of "illegal use" of citizens’ personal information;and clarify relevant recommendations such as the criteria for infringing the number of citizens’ personal information.