Understanding And Application Of Crime Of Infringing On Citizen's Personal Information

Information utilization and information security are two of the most dazzling themes in this era.On the one hand,information is the most important resource for the development of this era.Its existence makes human activities more convenient and colorful.On the other hand,information is the most easily abused resource in this era.The unreasonable use of information will not only bring about various social problems,but also increase the potential risk of crime.Citizen's personal information is an important legal interest closely related to personal interests.The improper use of citizen's personal information will not only waste resources,but also cause great risks to personal and property safety.How to protect personal information security is not only the goal of civil law and administrative law,but also the unavoidable responsibility of criminal law.Based on this,this article intends to start from the judicial practice of the crime of infringing on personal information,analyze the practical problems in the understanding and application of the crime,and take one of the 253 articles of criminal law and relevant judicial interpretations as the standpoint,put forward the concrete plan of correctly understanding and applying the crime in theory and practice.Firstly,from the Criminal Law Amendment(7)to the Criminal Law Amendment(9),one of the 253 articles of the Criminal Law further perfects the provisions of the crime of infringing upon personal information,and complements the Interpretation of Several Questions Concerning the Application of Law in Criminal Cases of Infringing upon citizens' personal information to make a more detailed analysis of the constitutive elements of the crime.Explanation.However,there are still three major difficulties in the understanding and application of this crime in judicial practice: one is to divide sensitive information,general sensitive information and general information according to the criterion of identifiability,which may not take into account the different risks of information leakage in different scenarios;the other is that the criterion for examining the authenticity of information has not been established.It may make a lot of invalid or invalid information be calculated as valid information.Third,there is no distinction between acts of reasonable use of personal information of citizens and criminal acts,which leads to the blurring of the boundary between crime and non-crime.Secondly,the practical problems on the surface are actually the external manifestation of the theoretical problems.It is necessary to use identifiability as a separate criterion,but in addition,it is necessary to consider scenarios and risks of information use,so as to accurately locate the hazards of information use.Information authenticity review is an important basis for determining whether the act poses a threat to the personal and property safety of citizens.Invalid or invalid information should not be included in the total number of information.Part of the invalid information depends on whether the effective part belongs to the personal information of citizens or the shadow of the personal or property safety of citizens.Ring.It is illegal to use citizen's personal information in violation of relevant state regulations.Rational use of citizen's personal information does not constitute a violation of citizen's right to information,but a rational use of information resources.Finally,based on the three practical problems mentioned above,the following suggestions are put forward from the dogmatic theory and practical operation: first,recognizability should be taken as the basic method of information classification,but also the specific scenarios of information use should be considered,the risk of different scenarios should be included in the case judgement,and the establishment based on quantity alone should be broken.The standard of conviction.Second,when calculating the amount of information,we should eliminate the untrue information and establish the conversion criteria for different types of information.The third is to establish a system of rational use of information resources with authorization and confidentiality as its constituent elements.At the same time,there are exceptions to allow reasonable use when fulfilling legal or contractual obligations and protecting the legitimate interests of data controllers.Even without authorization,it is not appropriate to regard it as an infringement of personal information rights.