Research On Criminal Law Protection Of Right Of Personal Information

Human beings have entered the information age,and personal information has also evolved from a simple personality right into a thing that contains the dual rights and interests of personality and property.Both the personality right and the monopoly protection mode of property rights are not the best choice to protect the right of personal information.Legislation should insist on the unification of the two-point theory and key theory,and choose the key rights and interests of legal protection while recognizing the dual rights and interests of personal information right Personal information to be qualitative.Criminal law as the last line of defense to protect civil rights,protection of personal information security lies in the personality and legal interests of personal information,so I believe that under the protection of criminal law,the right to personal information should be defined as a citizen's personality rights.The controversy over the legislation of personal right of information stems from the contradiction between personal information security protection and the free flow of personal information.The two are in fact the unity of opposites.However,to achieve the unification of both,legislation must play a role.I believe that different types of personal information to give differentiated protection is a viable road.This article mainly studies the rights of personal information under the protection of criminal law from four parts.The first part mainly studies some basic theoretical issues related to personal information right from the perspective of criminal law.The basic definitions of the rights of personal information and personal information are described,and the existence of an independent civil right that is the right of personal information is proved.The disputes of the academic community about the right of personal information rights and the understanding of the rights and attributes of personalinformation rights are introduced.The second part first discusses the relationship between personal information rights and other criminal objects under the protection of criminal law,and combines the attributes of personal information rights described in the first part.This part mainly contrasts the two types of criminal objects: personal information rights and privacy and property rights.Demarcation points,put forward the criminal law to give independent protection of personal information reasons.In addition,it briefly describes the development history of the protection of personal information rights in China's criminal law,and summarizes several main features of the current criminal information protection system for personal information rights.The third part studies the criminal law boundary of personal information right.The first is about the right of personal information rights.It mainly discusses whether the deceased person,foreigner and stateless person have the right to personal information;secondly,the carrier of personal information right,discusses the relationship between personal information and personal data,and introduces the criminal law of our country.The definition of carriers for personal information rights and the protection of different types of personal information from criminal law;the final discussion is about the content of personal information rights that criminal law should protect.The fourth part mainly proposes and argues that the criminal law should provide differential protection for several different types of personal information rights.The first category is based on whether the personal information is identifiable as a criterion to divide the personal information right into direct personal information right and indirect personal information right,and propose that the protection of direct personal information right should be strengthened;the second type is the right of sensitive personal information.Generally speaking,the distinction of the right to personal information,this article believes that it should increase the scope and intensity of the crime of sensitive personal information;The third category is based on the difference of the main body of information to distinguish the special group and the general group of personal information rights,for minors and the public Personal information rights of the characters are protected from the general group.