Study On The Qualitative Problem Of Criminal Law In Disposing Of Disclosed Personal Information Without Authorization

For the disclosed personal information,how to balance between the protection of personal information and the property value generated by the information,and what path should be taken by the criminal law for relief and regulation in order to achieve appropriate punishment are all urgent problems facing the current judicial practice.At present,the judicial practice applies the second authorization to the behavior of disposing of public personal information without authorization,leading to the expansion of the scope of punishment.At the same time,the scope of personal information disclosure and unauthorized handling will have an impact on the identification of crimes.The existing prelegal norms have slightly different provisions on the use of public personal information,but "reasonable handling" is gradually established as the exemption mechanism.Under the principle of unity of legal order,the qualitative nature of criminal law should take into account the prelegal provisions.Under what circumstances does the act of disposing of disclosed personal information without authorization constitute the crime? What path should be taken to build the balance between the flow and protection of disclosed personal information?How to grasp the boundary between information security and information circulation and transaction is a problem that needs to be considered.The deepening of criminal law will strengthen the protection of personal information but hinder the flow of information.The lowering of the speed of information circulation will hinder the prosperity and development of Internet economy.The relaxation of the regulation of criminal law will lead to the risk of abuse and spread of public personal information.Therefore,it is necessary to carefully choose the path of criminal law regulation to deal with the boundary between information protection and information circulation.At present,for the path of conviction of unauthorized processing of disclosed personal information,scholars have proposed the path of secondary authorization,the path of purposiveness,the path of objective openness,the path of scenario-oriented,and the path of the cause of illegal obstruction.Among these paths,the scenario-based protection path conforms to the protection law benefit of the crime--the right to self-determination of personal information,and follows the dynamic flow of information and case analysis.By comparing the original scene with the scene in which the perpetrator processes information,it can be judged whether the risk of infringement of the right holder’s personal information is increased,so as to specifically judge whether the behavior of the perpetrator disposing of the publicly disclosed personal information without authorization constitutes a crime,which provides a clear standard for the qualitative of the criminal law of the behavior of disposing without authorization.