Study On The Justifiable Causes Of The Crime Of Violating The Personal Information Of Citizens

With the development of science and technology,the personal information of citizens is facing more and more risks and even direct violations.The Criminal Law Amendment(9)provides for the crime of violating personal information of citizens,but the relevant legal system still needs to be improved.By combing the existing legislation,this article finds that the criminal law’s regulatory boundaries for violations of personal information are unclear.Although everyone has the obligation to “act lawfully”,the entire legislative system lacks substantive and specific guidelines,which leads to the lack of clear legal requirements and the distinction between legal conduct and illegal conduct.Under this premise,this article attempts to discuss the reasons that can make the suspected infringement of citizens ’personal information legal.This article divides various justifiable causes into three categories.The first cause is that certain types of information are not protected by criminal law.We draw following conclusions: First,public personal information should still be protected by criminal law.Anonymous information,according to current legislation,is not protected by criminal law,but this will lead to personal information at a high risk.Special legislation on personal information should be reconsidered in the future.The second is the victim’s consent theory.This theory can be applied to the protection of personal information.When applying specifically,there are the following issues to pay attention to:(1)(1)In the way of expressing consent,the consent of the victim can be established regardless of explicit or implicit consent;(2)if the information controller fails to perform the clear notification of the consent content to the information subject Obligations,the consent given by the information subject is invalid;There are some cases of compulsory consent in practice,and in the case of unequal powers,the consent obtained by the perpetrator of the infringement may not be valid consent;(3)If the subject of the information is under the age of 14 and the actor has obtained the consent of the guardian,his conduct is legal.Besides,based on presumed consent,there are two types of violations of personal information including violations that can be justified,including violations being performed to provide services and violations in emergencies.In the third category,this article discusses the following justifiable causes:legal acts,proper conduct performed in the course of business,special purposes conducts.First,it is legal to waive the obligation to protect personal information when the actor fulfills the obligation to assist public authorities and the obligation to collect specific information.However,the relevant laws and regulations in the current legislation are still incomplete and do not distinguish between personal information,which will cause unreasonable restrictions on the private rights of citizens.In the future,relevant laws and regulations should be continuously improved,and public powers should be reasonably restricted in terms of procedures and substance.Secondly,when the subject is a special profession such as a news organization or academic institution,its behavior in performing business is legal.By analogy,individual owns the right to freedom of the press,its behavior in performing business is also legal.In addition,infringement of personal information for artistic and literary purposes may be legal.Finally,web crawler technology cannot be directly attributed to legitimate business behavior.Whether the crawling behavior that violates the personal information of citizens is legal depends on whether the information subject agrees.Thirdly,when one conducts infringement of personal information for the public interest,national security,or major interests of others,his conduct may be justified,but it depends on specific cases.