Research On Criminal Law Protection Of Citizens' Personal Information In Big Data Environment

In the innovation and development of science and technology,human beings ushered in the era of big data in the 21 st century.Relying on the massive data stored by it,big data technology can accurately identify the daily needs of users,and then accurately push the information and commodities that users are interested in.In addition,big data industries such as artificial intelligence,face recognition and driverless are in the ascendant,which makes data information become a new type of strategic resources that people are eager to pursue.It can be said that big data technology should People's way of life has changed dramatically.However,with the convenience of people's life,the danger also comes.Some lawbreakers use big data technology to steal other people's information,and regard personal information of citizens as their tool of illegal wealth collection.At present,the cases of citizen's personal information being leaked and illegally traded are increasing day by day,which brings many social problems such as rubbish information,false name card handling,fraud and extortion,which not only brings troubles to people's life,but also seriously threatens people's personal and property security.Due to the huge risk of personal information in the era of big data,it is necessary to strengthen the criminal legislation protection of personal information of citizens.Since the 1970 s and 1980 s,with the rise of information network technology,some western developed countries began to formulate relevant laws to protect their citizens' information.However,due to the late start of China's information network technology,compared with the developed countries' legislative provisions on the protection of citizens' information,there are some problems in China's laws,such as late legislation,backward concepts and scattered provisions.In the aspect of criminal legislation,the criminal law amendment(7)implemented in 2009 stipulates the behavior of infringing upon citizens' information for the first time;the criminal law amendment(9)implemented in 2015 further improves the relevant provisions of infringing upon citizens' information crime;on the basis of the criminal law amendment(9),the "two highs" issued the "about handling infringing citizens" in 2017 The interpretation of several issues of the application of law in the criminal case of human information.To be sure,the above provisions of legislation and judicial interpretation have significant effect on the protection of citizens' information.However,in the context of big data,these Provisions are still difficult to regulate some of the ways of infringing citizens' information.The reason is that there are still lack of pre-positive laws,inaccurate legal interest positioning and lack of provisions on the way of conduct in the current criminal law of China There are many problems such as comprehensive,unreasonable way of prosecution and imperfect penalty.In view of the fact that foreign countries and international organizations legislate earlier in protecting citizen information and have more mature and rich experience compared with China,such as the United States,Germany,Japan and the European Union,these countries and international organizations have formed a relatively sound and perfect legal protection system of citizen information in many years of practice of protecting citizen information,so China can effectively protect citizen information Successful practices on.Under the background of big data,to improve the criminal law protection of citizens' information in China,we need to combine the characteristics of the times,learn from the experience of foreign countries,and based on the legal tradition of China,speed up the formulation of pre-laws,establish the publicity of legal interests,expand new types of criminal acts,change the way of prosecution and improve the penalty settings,so that the criminal law can not only guarantee the safe use of citizens' personal information,It will not affect the development of big data technology and the effective circulation of information,which is the pursuit and purpose of this paper.