Research On The Criminal Law Protection Of Personal Information In The Era Of Big Data

The era of "big data" is a combination of communication network,Internet of things and artificial intelligence technology.This era has changed the traditional social production and way of life,providing great convenience for our life and work,but at the same time,it has also brought a series of new social problems.The protection of personal information is facing unprecedented challenges,which is one of the most prominent manifestations.As the last line of defense to protect personal information,criminal law plays an important role in the legal protection system of personal information in the era of big data.This paper is divided into four parts to study this problem.The first part starts with the challenges of personal information protection in the era of big data and the current situation of crimes against personal information,and expounds the necessity of strengthening the protection of personal information under the background of big data.The second part is to investigate the current domestic and foreign legislation on personal information protection,which focuses on criminal legislation.Foreign countries mainly include the United States,Britain,Germany,Japan;Domestic regions include mainland China,Hong Kong,Macao and Taiwan.The third part firstly studies the problems existing in the crime of violating citizens' personal information in the context of the current era of big data combined with judicial practice.Second,with the four types of information relating to the infringement of citizens' personal information crime cybercrime,were refused to network security management duty crime,the crime of illegal use of information network,the crime of illegal access to information network data and destroying computer information system crime,the criminal charges related to the personal information protection problems for research.The fourth part,combined with the analysis and research of the third part,puts forward four suggestions on improving the protection of personal information in the criminal law in the era of big data: First,delete the word "citizen" in the crime of violating citizens' personal information.Second,the scope of "personal information" should be further expanded to include more updated data information into the scope of "personal information".Third,add "the crime of illegal use(use)of personal information".Fourthly,add "the crime of tampering with or damaging personal information".