An Empirical Study On The Crime Of Infringing Citizens’ Personal Information By Using The Internet Web Crawling

With the continuous emergence of innovative breakthroughs in network information technologies such as big data and cloud computing,intelligent production and lifestyle have brought unprecedented convenience to people.At the same time,the phenomenon of personal information being violated has become more common,and it is urgent to protect the security of citizens’ personal information.A web crawler is a program that can realize "automatic browsing of the Internet".It is technologically neutral and has the risk of being abused,especially in terms of infringing on citizens’ personal information.In the context of the Internet,personal information protection is facing new problems.Traditional protection methods based on informed consent have limited effects.The way personal information is collected and stored in the cloud increases the risk of leakage.The abuse of personal information represented by precision marketing and price discrimination cannot be ignored.Regarding the definition of personal information,there are three different theories in academia: privacy,association,and identification.The third one has a greater impact on my country’s legislation.The amendments to the Criminal Law,the judicial interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate and the Supreme People’s Procuratorate’s case handling guidelines are of great significance to the protection of citizens’ personal information.Regarding the determination of the crime of infringing on citizens’ personal information by means of web crawlers,attention should be paid to the determination of the illegality of the behavior,the determination of subjective intention,and the determination of the identifiability of the data involved.In view of the characteristics of diversified criminal methods,concealment,and difficulty in obtaining evidence,the current relief for personal information infringement is still insufficient.Looking to the future,the responsibility of protecting personal information collectors and users should be strengthened,and the regulation of illegal collection and abuse should be equally emphasized.Further clarify the protection standards of different personal information before the event,strengthen the supervision of related enterprises during the event,and expand the way of personal information relief after the event.It should be clear that personal information security is the prerequisite for data sharing and the cornerstone of the development of the digital economy.We should curb the crime of infringing on personal information,create a safe and reliable data ecological environment,and build a legal barrier for citizens to enjoy the fruits of network technology.