An Empirical Study On The Crime Of Infringing On Citizens’ Personal Information In The Era Of Big Data

In the era of big data,with the advancement and widespread use of data mining technology,data containing personal information of citizens has become an important auxiliary tool to help analyze needs and make decisions,and the economic value of personal information of citizens has become increasingly prominent.The huge economic value makes the risk of citizens’ personal information facing infringement increase sharply.Although the Criminal Law has amended and perfected the crimes of infringing citizens ’personal information,the cases of crimes of infringing citizens’ personal information are still in a high trend.In the era of big data,the crime of infringing citizens ’personal information has not only increased dramatically in the amount of infringed information,but new methods of crime have also appeared.Faced with this new form,the current crime of infringing citizens’ personal information has many deficiencies.This article mainly studies the crime of infringement of citizens’ personal information in the era of big data based on actual cases based on the collected judgments.This article is mainly divided into five parts.The first part introduces the new threats faced by the arrival of big data and citizens’ personal information.The second part uses the method of case analysis to collect 400 verdicts on the crime of infringing citizens’ personal information,and conducts a statistical analysis from three aspects: the subject of crime,the objective aspects of the crime and the sentencing situation,and analyzes the violation of personal information of citizens in the era of big data The deficiency of sin.The first is that in the era of big data,the use and circulation of personal information of citizens will become more and more frequent.However,due to the lack of pre-laws,the laws of other departments cannot effectively regulate this.The current situation of the criminal law leading to the situation has created a "heavy strike,light management" situation.At the same time,it also makes the "violation of relevant state regulations" in the crime of infringing citizens’ personal information in a "virtual" state.Secondly,the advancement of data mining technology is making the improper use behavior intensifying,and the imperfect way of committing crimes makes the lack of regulation of "illegal use" behavior.Finally,in the face of the rapid increase in the number of infringing citizens ’personal information in the era of big data and the new situation in which multiple types of citizens’ personal information are competing,there are chaotic rules for determining the number of citizens ’personal information in judicial practice,especially the lack of a corresponding response to the identification of bulk information Specific rules and the inconsistency of the standards for determining the type of personal information of citizens.The third part is an analysis of the current shortcomings in terms of the legal benefits of the crime of infringing citizens ’personal information,the category of criminal behavior,the type of citizen ’s personal information,and the rules for determining the amount of citizens’ personal information.The fourth part uses the method of comparative research,compares the domestic and foreign legislative status quo,and finds the legal content with reference significance from the foreign legal experience,mainly the advanced legislative experience of Germany,the United States and the European Union.In the last part,some perfect suggestions are put forward for the shortcomings of the current crime of infringing citizens ’personal information.In order to better combat the crimes of infringing citizens ’personal information and make up for the shortcomings of the criminal law in the protection of citizens’ personal information,first of all,a special “Personal Information Protection Law” should be issued to improve the predecessor laws.Aiming at the indefinite behavior mode,it is proposed to increase the illegal use of citizens’ personal information as a criminal behavior.Finally,in order to overcome the imbalance of sentencing and the inconsistency of judgement of similar cases in conviction and sentencing,the rules for determining the type and quantity of citizens’ personal information should be improved.The identification of the types of citizens ’personal information should be comprehensively evaluated from the essential attributes and specific use scenarios of citizens’ personal information,while the identification of bulk information can be determined by the calculation method of "proportional calculation".