Reflection On Criminal Protection Of Citizen’s Personal Information In The Age Of Information Society

Amendment(IX)to the Criminal Law of the People’s Republic of China made a big change to the facts and lawful penalty of the crime of violating citizen’ s personal information.For facts about the crime,the main body,targets and instruments of the crime are all extended;For lawful penalty of the crime,the punishment is Aggravated.The legal system of protecting citizen’ s personal information in our country is in serious imbalance.There exists Considerable space and loopholes in Civil as well as administrative legislation and the legal protection pattern emphasize s and points out the criminal law protection overly.In information society,protecting citizen ’ s personal information doesn’t mean putting restrictions on the circulation and use of information blindly.The modification in Amendment(IX)to the Criminal Law of the People’s Republic of China lacks the legislative reason to a certain degree and the crime fighting is unreasonable.The criminal law protection of citizen’s personal information should stick to the principle of protecting the legal interests,the principle of responsibility and modesty principle.The range of citizen’s personal information protected by criminal law is the privacy of citizen or property information,and dynamic information shall be excluded.As for the actions of violating citizen’s personal information,only those constitute a serious threat to personal or property security,privacy or peaceful life of the litigant need to be investigated criminal responsibility.Amendment(IX)to the Criminal Law of the People’s Republic of China sets the crime constitution of "severe circumstances",so judiciary authorities should make strict judgment and restrictions.When imposing a criminal penalty,judge should stick to the principle of responsibility.That is to say,the behavior of abusing citizen’s personal information must be cracked down severely,but for the behavior of circulating the citizens’ personal information unlawfully,prevention should be put first and the penalty should be reasonable.