| With the continuous development of the information society,personal information security has been mentioned more and more.Personal information is no longer just a combination of numbers or words,but another right to the citizens' personal and property security.As the increasingly prominent value of personal information,the number of criminal acts against personal information has also been rising.Citizens generally feel that personal information is unsafe and life is disturbed.In recent years,although the revisions of the laws have noticed that personal information should be protected by law,the current personal information law is still at the draft stage,and the General Principles of Civil Law only declares that citizens' personal information should be protected.It can be seen that in the current judicial practice,the legal protection of citizens' personal information is mainly based on the provisions of the criminal law and the corresponding judicial interpretation.Nevertheless,through the empirical analysis of judicial cases,we can find that there is still a dispute about the definition and quantity computation of citizens' personal information in this crime.Therefore,based on the analysis of the selected 100 judgments of 2018 and the collection of relevant literature,this paper analyzes the related issues of the above-mentioned citizens' personal information.First of all,through the macro and micro analysis of the judicial judgment,we can find that: First,since the implementation of the Criminal Law Amendment(IX),the crime rate of infringement of citizens' personal information has been rising,andthe amount of information involved and the amount of illegal income far exceed the standards stipulated by judicial interpretation.Second,the geographical distribution of the cases is positively related to the economic development.Third,the case is relatively simple,generally ending in the basic people's court.A small number of cases involving a large number of people,downstream crimes or the identification and calculation of personal information need to conduct the trials of second instance.After the analysis of the cases,we can see that: on the one hand,the violation of the citizens' personal information involves multiple industry sectors,with the great social harmfulness;on the other hand,the controversy focuses on whether certain personal information belongs to the citizens' personal information and which kind of personal information,and whether certain information is excluded from the calculation of the amount of personal information.Therefore,the focus of this paper is to define and calculate the quantity of the personal information.Secondly,in the definition of personal information,the first part explains the concept and rights attribute of personal information from the perspective of legal provisions and doctrines;the second part analyzes and judges the citizens' personal information from the perspective of the characteristics and types of personal information.First,extraterritorial countries enact personal information laws before China,so it has reference significance in determining standards.The United States uses identification information and private information as personal information;German law protects personal data that can identify specific individuals;the EU considers personal data to directly or indirectly identify information about specific natural persons in accordance with the General Data Protection Regulations;Japan's personal information is also based on identification.Under the premise of adopting the identification as the standard of recognition,the domestic laws and regulations continue to expand the scope of citizens' personal information,criminal justice interpretation also lists the citizens' identity information,activity status and other personal information related to the person and property.Second,the advantages and disadvantages of the theory of personal information identification,association and privacy are analyzed.It can be concluded that the concept of citizens' personalinformation should be identification.Thirdly,it is proposed to characterize as the right of personal information.Although it has the attributes of person and property at the same time,it is still personal right in essence.Fourth,in combination with the characteristics of personal information,personal information should have a recognizable,objective economic value,and a composite form.As long as the public information has a distinctive feature,it should be recognized as a citizens' personal information,so do cookie information.Fifth,the classification of personal information can be based on the specific content and importance of the information.According to the information content,it can be divided into personal information,property information and activity information,direct information and indirect information.Depending on importance of the information,it can be divided into sensitive information and general information.The criminal justice interpretation is divided into different types according to the information content,and the different importance of personal information is indicated by setting different quantity.Finally,in the calculation of citizens' personal information,there are two mainly problems that the influence of the information type and the information content on the amount of personal information in the case.The former specifies that we should identify one or a group of personal information according to every specific content when the involving personal information are specific type.For the judicial instance,the vehicle information belongs to the property information,and the express information needs to distinguish whether it is confidential.The latter clarifies the negative effect of repeated and non-authentic personal information content on the accurate use of batch calculation methods and should exclude it.Combined with the actual judgments,spam and blank vehicle information are not counted in the amount of personal information,legal representative Information that can identify natural persons is generally counted in the total number,except that when it is only legally acquired,it should not be counted. |
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