Research On Criminal Law Protection Of Personal Information In The Era Of Big Data

With the advent of the era of big data,the nature and function of personal information have changed greatly,and the value contained in personal information has become the common goal of the society.In practice,the crime of personal information infringement occurs frequently and has various means,which has brought great obstacles to the development of the information society in China.Due to the late start and rigid thinking,the criminal legislation of personal information protection in China has exposed great limitations in the process of regulating the behavior of personal information infringement.Therefore,we must respond to this and constantly improve the crime of personal information infringement.At present,the limited application of personal information administrative liability and civil liability in China makes the criminal law intervene too much in the act of infringing personal information,so that the modesty of the criminal law can not play.We must improve the civil law,administrative law and other prior laws and regulations,carry out special legislation on personal information,and build a complete personal information protection system.At the same time,the crime of violating citizens’ personal information stipulated by the criminal law has not kept up with the development of the era of big data in the definition of personal information,resulting in the fuzzy protection boundary of the criminal law.For indirectly identified personal information,"personal information user said" is adopted to redefine personal information.On the legal interest of personal information,the traditional theory of personal legal interest has been unable to adapt to the changes in the era of big data,and personal information has been able to carry public legal interest.It is necessary for us to regard the legal interest of personal information as a super personal legal interest and adjust the system of criminal law accordingly.In judicial practice,the crime of personal information infringement can be divided into two types:direct infringement and indirect infringement.The illegal use of personal information has become the most important behavior of criminals,which should be included in the criminal system of personal information infringement.Through the establishment of illegal use of personal information crime,can effectively combat the crime of personal information.However,we should not arbitrarily expand the circle of crime,we need to consider the practical needs of the circulation of personal information,further clarify the criteria of conviction and sentencing,adhere to the amount of information,illegal income,subjective vicious and other standards for the crime of personal information infringement on the accurate conviction.Only in this way can we effectively regulate the crime of personal information infringement and lay a solid foundation for the construction of the socialist legal system with Chinese characteristics.