The Identification Of Crime Infringements On Citizens' Personal Information

With the advent of the information age and the rise of the big data industry,data information has become an indispensable invisible resource in modern life,the value of personal information has also been highlighted.The substantial increase in commercial and economic value has also led to an increasing number of crimes against citizens' personal information.The protection of citizens' personal information by law starts from scratch and gradually strengthens.In 2009,the amendment to the criminal law(7)included personal information of citizens for the first time into the field of criminal law protection,added the crime of illegally obtaining personal information of citizens and selling or illegally providing citizens' personal information.In 2015,the amendment to the criminal law(9)combined the above two crimes into the crime of violating citizens' personal information.And extend the scope of subject from special subject to general subject,changed the original "violating state regulations" to "violating relevant state regulations",improved the penalty setting.It shows that the law keeps pace with the times.In 2017,the supreme people's court and the supreme people's procuratorate issued the interpretation on several issues concerning the application of law on criminal liability for infringing upon citizens' personal information,which further stipulated the serious cases and added the especially serious cases.However,in the above provisions,there are still unclear limits on the concept and scope of identification of citizens' personal information,there are disputes on the identification of behaviors that infringe upon citizens' personal information,and there is no practical basis for the identification of serious cases,which increase the confusion in the application of judicial practice.It is the lack of practical basis for judgment that leads to the lack of a unified standard for identification in judicial practice.In order to better protect the personal information of citizens,it is necessary to severely crack down on the infringement of personal information of citizens.In addition,it is urgent to specify and clarify the concept and scope of personal information,the violation and the serious circumstances.Through the study of specific cases,classifies and summarizes the behaviors that violate citizens' personal information.The term "illegal acquisition" refers to the act of obtaining personal information of citizens without qualifications or legal basis in violation of the prohibitive provisions of the state.The term "Illegal provision " refers to the act of selling or otherwise providing personal information of a citizen in violation of the relevant provisions of the state.Criteria and principles for the determination of serious circumstances.The violation of citizens' personal information not only endangers the personal safety and property security of citizens,but also may provide convenience for downstream crimes and thus endanger the stability of social life.