| As the development and wide application of big data technology,life has become more efficient and convenient.At the meantime,the infringement of citizens’ personal information is becoming more and more serious,which has brought unprecedented challenges to the protection of personal information.At the end of 2019,the epidemic of COVID-19,which swept the world,was raging.With the epidemic develops,offline courses and physical store operation have been greatly affected,followed by the rapid development of online education,online work and takeout industry.The epidemiological investigation on confirmed cases of pneumonia and close contacts also exposed their action trajectory to the public.Government departments collect,store and disclose personal information such as citizens’ addresses and activity tracks for epidemiological investigation,which virtually increases the risk of citizens’ personal information disclosure.The provisions of the criminal law on the crime of infringing on personal information were earlier than the Personal Information Protection Law,the Civil Code of PRC,the Cybersecurity Law and other laws.Although the criminal law continues to supplement and improve the relevant provisions in combination with the reality,it still lags behind the current front-end laws and living reality.It is necessary to update and improve the classification and behavior types of the crime as times develop and the relevant provisions of pre-emptive laws and regulations process.The wide application of biometric technology not only brings convenience to people,but also puts forward a new topic for the protection of citizens’ personal information.Its uniqueness and immutability determine the high sensitivity of this kind of personal information.It is very necessary and urgent to improve the protection of this kind of personal information by criminal law;The public personal information of citizens shall be punished for the crime of infringing on personal information,which is not conducive to the circulation of information and hinders the healthy development of economy;With the development of information technology,the traditional criminal law protection mode of preventing information circulation has been difficult to effectively prevent and restrict the infringement of citizens’ personal information.The abuse and tampering of citizens’ personal information need to be included in the scope of criminal law regulation.The comprehensive protection of citizens’ personal information is inseparable from the updating and improvement of the conditions for committing the crime and punishment measures in combination with the reality of this crime in the criminal law.Strengthen the protection of biometric information,accurately define the connotation and extension of biometric information,and reduce the threshold of criminalization of biometric information;Clarify the criminalization criteria for violations of published personal information,set different criminalization criteria for the classification of public management purposes and commercial purposes,take the failure to obtain the permission of the information subject as the criminalization condition for violations of personal information disclosed for public management purposes,and take exceeding the "reasonable scope" as the criminalization condition for violations of personal information disclosed for commercial purposes;Improve the behavior types and bring abusing and tampering into the regulation scope of this crime.Only in this way can we achieve a full range protection of citizens’ personal information.The protection of personal information in criminal law should follow the principles of unity of legal order and modesty of criminal law,which should not be excessive,but also avoid deficiencies.The protection of personal information should grasp the necessary limits,not only to prevent the "streaking" of information caused by incomplete protection,but also to prevent the obstruction of information circulation caused by excessive legal constraints,so as to protect the development of information technology and social progress from a forward-looking perspective. |
