| In the information age,the importance of citizens’ personal information is selfevident.The disclosure of personal information not only involves privacy,but also may cause loss of property and even threaten personal safety.In recent years,the phenomenon of leakage and infringement of personal information of citizens is increasing,the public has been unable to tolerate the harassment and infringement caused by the leakage of personal information,and the awareness and voice for the protection of personal information also grow.In the field of criminal law,the crime of infringing citizens’ personal information also presents a trend of high incidence and has a significant social harm.In order to combat the infringement of citizens’ personal information,the seventh amendment to the criminal law,the ninth amendment to the criminal law,the network security law,and the interpretation of several issues concerning the application of laws in handling criminal cases of infringing citizens’ personal information have all made corresponding provisions on the protection of personal information.However,looking at the above and other documents,the definition of personal information is not standardized and uniform.It is of great significance and urgent to make clear the criminal object of citizen’s personal information crime.As for the meaning of "citizen’s personal information",the identification theory is more reasonable among the three existing theories of correlation,privacy and identification,and has been widely adopted at present.Citizens’ personal information should have the characteristics of identifiability,objective authenticity,value and timeliness.In the legal context of China,there are some differences between personal information and personal privacy and personal data.As for the legal attributes of personal information,there are disputes on the theories of property right,privacy right,personality right and information right.As a new type of right,the theory of information right is worth advocating.The legal interests of citizens’ personal information should be the plural legal interests of personal rights,privacy rights and property rights,but not the super personal legal interests.Although civil,administrative and other non-criminal law protection means can play a certain role,but before the violation of citizens’ personal information of serious criminal ACTS appear to be very weak,the criminal law should play a corresponding role of protection.Among the special subjects of "citizens’ personal information",foreigners and stateless persons should belong to the category of "citizens";The deceased and legal person are not the rights subject of this crime;The protection of personal information about public figures is subject to restrictions.In the identification of citizens’ personal information,we should pay attention to the balance of right protection and information circulation,the coordination of personal interests and public interests,and maintain the modesty of the criminal law.In terms of judgment criteria,it is necessary to take into account the protection intention of the information subject and measure the objective value of personal information.In terms of judicature,it is necessary to clearly define "personal information" and remove the limitation of "citizen".On legislation,we should pay attention to the coordination with administrative and civil laws and introduce personal information protection law as soon as possible. |
