Research On The Criminal Law Protection Of Personal Information From The Perspective Of Big Data

The freedom of information flow in the big data environment plays an important role in modem society.Currently,big data storage and analysis has become universal,which is the basic driving force of media and information capitalism.The development of information technology has brought unprecedented challenges to personal information security.Under the big data environment,the protection under personal information criminal law should balance the protection of personal information and the freedom of information flow as the basic ideas.However,infringement crimes of personal information still show a highly increasing trend year by year.Due to the lag of relevant legislation,judicial interpretation and the unclear definition of relative crimes,combined with the diversification and complexity of criminal in the context of big data,the dilemma of different standards applies in judicial practice.This article is based upon the personal information law interests,which is protected by criminal law to determine the scope of personal information,then combs the criminal elements of the crime of infringing citizens' personal information and finally combine judicial cases to explore and analyze difficult problems in judicial applications.It is intended to contribute to the protection of personal information and to provide references for judicial practices.The main body of the article is divided into following three chapters:The first chapter introduces the crime of infringing personal information in the big data environment,the new criminal characters are different from traditional crimes,mainly in the behavior objects,behavior modes and quantities.Crime situation is very serious.Although in the judicial practice criminal law regulates related behaviors,the crime of infringing citizens' personal information resulted in dilemmas in the application of law.The second chapter mainly studies the personal information legal benefits protected by criminal law.There have also been some changes in the personal legal interests under the big data perspective.The specific manifestations of the complexity of the subject,the interests of the stakeholders and the danger of infringement have become common dangers.Different scholars and experts have their own opinions on the personal information law-related theory,such as "Personal legal theory""Information rights theory","personal privacy theory" and "comprehensive legal benefits theory",etc.After the relevant theories are evaluated,this paper considers that the legal interest in infringement of personal information crimes is a public law benefit based on independent personal rights.Based on this,it provides a legal basis for the scope of personal information protected by criminal law.The third part discusses and proposes to solve the legal application of crines against personal information from the perspective of normative significance.Firstly,based on the analysis of personal information legal interest in Chapter 2,the scope of personal information protected by criminal law under the perspective of big data is defined.The core feature is the correlation of legal interest,and the type of personal information protected by criminal law is divided into three types:"Key Personal Information","Important Personal Information",and "Ordinary Personal Information".Secondly,the comotation of "violation of relevant state regulations" is clarified."Violation of relevant state regulations" is limited to violation of laws and administrative regulations on the protection of citizens' personal information.The departmental regulations only clarify the contents of the upper laws and administrative regulations.In the case of refinement,it can be used as a criterion forjudging whether the act violates the relevant provisions of the state.Furthermore,in the context of big data,the harmful behaviors in the sense of criminal law have changed from substance to form.From the perspective of fully and effectively protecting individual legal interests,combined with judicial cases,illegally obtaining personal information and illegally providing illegal information crimes.Type analysis of two categories of harmful behaviors of personal information.Finally,the identification of serious plots,The applicable standards are vague in judicial practice.Combined with the relevant judicial interpretations,the evaluation factors and quantitative evaluation factors of the plot elements are analyzed.