Criminal Law Protection Of Personal Information

Personal information as a kind of personality factor has the potential commercial value,with the development of society and the socialist market economy unceasing prosperity,personal information has been exploited and thus bring many benefits,which makes the degree of commercialization is continuously deepening.While the rapid development of information technology and the popularization of the one hand for the collection and processing of all kinds of information to create a convenient,on the other hand,due to the characteristics of information resources sharing in the network environment,a lot of people in the interests of the driver to obtain,distort,leak,theft of personal information,a serious threat to people’s information security.Now we are in the"Internet plus" era,network has profoundly changed people’s way of life,personal information network traces more and more common,violated more likely.Therefore China’s "criminal law amendment(seven)","criminal law amendment(nine)"provisions against infringement of personal information behavior,highlighting the criminal law of our country people-oriented legislative idea and the construction of socialist harmonious society’s purpose.However,because of the criminal law protection of personal information in our country,the criminal law has a late start,and there are still a lot of imperfections.Therefore,the author hopes to show the specific situation of the development of our society and the criminal law protection of personal information,inadequate research on our country’s protection of personal information,learn from other countries advanced rules and practices,put forward their suggestions.This paper is divided into four parts:the first part is an overview of personal information protection,the concept of two controversial theories are discussed,for what is,what is the sale of personal information,what is,what is provided by other means of illegal access to put forward their views;The second part introduces the legislation of personal information protection in our country,summarizes the main problems encountered in the judicial practice;The third part of the comparative analysis of the status quo of the criminal protection of personal information in foreign countries,summarized in the international legislation of several common personal information protection;The fourth part puts forward some suggestions to improve the protection of criminal law in our country.