Criminal Law Protection Of Personal Information From The Perspective Of Legal Interests

In the era of information explosion,a large number of personal information is active in cyberspace and has become a ’’new fuel’’ to promote the social development.However,while information utilization brings many conveniences to life,it also brings many challenges to citizens’ personal information security.In the face of the development trend of the expansion of personal information extension and the concealment of criminal means,the existing criminal law protection system of personal information is slightly lagging behind and needs to be further improved.In the improvement of the protection system,we must first clarify the concept of personal information.By comparing and analyzing the different provisions on the concept of personal information in the pre-laws such as the "Civil Code",the "Personal Information Protection Law" and the "Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Citizens’ Personal Information",it is clear that personal information should draw on the specific provisions of the "Personal Information Protection Law" in the context of criminal law,that is,the core criterion of personal information is whether it has "identifiability" in a specific scenario.Clarifying the legal interest attribute of personal information is conducive to realizing the comprehensive protection of personal information by criminal law.The theory of personality right,the theory of property right,the theory of personal information right and the theory of super personal legal interest have the problem of one-sided evaluation in the judgment of legal interest,which lacks substantive rationality.Citizens’ personal information is generated by people’s activities and has become a’ commodity’’ in the modern trading market.It is related to the interests of an unspecified majority of people.It has both personality,property and public attributes,that is,it has a compound legal interest attribute,in which the inherent attribute of personality attributes occupies an absolute dominant position.Through in-depth study of criminal law legislation and justice in the protection of personal information,we can see that China is in a situation of’ having enough heart but not enough power’’ in combating personal information crimes.On the one hand,China attaches great importance to the protection of citizens’ personal information,and has successively promulgated the ’ Data Security Law’,’ Personal Information Protection Law’’ and other legal norms,closely woven personal information law network,and achieved certain results.On the other hand,due to the lag of the law,the criminal legal protection system has trouble in coping with the impact of technological development.There are problems such as unreasonable information classification and identification standards,inadequate standards of the quantity of crime,and lack of regulation on the illegal use of personal information,which leads to different judgments in judicial practice.In the face of the above judicial dilemma,we should establish the concept of paying equal attention to protection and utilization,stand on the compound legal interest attribute of personal information,and put forward targeted solutions.First of all,the information classification standard should adopt the binary division mode of ’’sensitive information-general information’’,closely follow the principle of ’ easy to lead to personal dignity or personal and property infringement’,and judge the sensitivity of personal information by means of scene integration into a single path.Secondly,in the calculation of the number of batch information,the starting point of the identification of 5000 items should be clarified.’’There is evidence to prove’’ needs to reach the degree of proof of ’ shake the judge’s conviction’,supplemented by sampling detection to enhance the accuracy of quantity identification.Finally,the illegal use of citizens’ personal information behavior has severe social harm,and can not be regulated by the existing criminal law,there is a realistic necessity of conviction.Therefore,the type of illegal use should be added to the crime of infringing citizens’ personal information.