| In the new century,with the Internet has been used widely and developed rapidly,amount of network information is rapidly expanded,and “The Age of Big Data”has come.In “The Age of Big Data”,thousands of personal information data points are woven into a comprehensive personal information data network.People choose the data that they want to use from the Internet,so that the economical and social value of information data has been further excavated.But the“Sharing information” of “The Age of Big Data” also caused the security crisis of personal information.In February8,2017,Shanghai Pudong New Area People's Court issued fist verdicts to Shanghai newborn baby information trafficking which attracting great attention in china.Shanghai Pudong New Area People's Procuratorate accused the defendant that Hanming,Zhangjinfeng,Fanxiaping,Lijie,Huangyan,Wanggongpu,Wuyongzhe,Gonghaibin violating personal information,and made a criminal judgment that NO.(2016)H 0115 4166 initial punishment.This article begins with the constituent elements of the crime of violating personal safety,combined with the characteristics of electronic evidence which is a new evidence type,and combined the facts of the case with the legal knowledge,to analyze the case of Shanghai newborn baby information trafficking.In view of special subject of different defendants in this case,and their different criminal behavior,combined with the new “explanation” of Supreme People's court and Supreme People's Procuratorate,writer analyzed the convictions and sentencing of defendants.The problem of personal information security which is infringed frequently in this case reflects that there still has a long way to go in personal information protection.We need to combine the government mode of improving the legal system of personal information protection with strengthening self-discipline and social supervision,and enhancing citizens' awareness of personal information security protection to make the social environment better and safer. |
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