Research On Criminal Law Protection Of Personal Information In The Age Of Big Data

The advent of the era of big data means that human beings have entered the age of information.The use of "Internet + Big Data" in the age of information has brought great convenience to our life.The free ride of information and data in all walks of life has developed rapidly.The commercial value of personal information is becoming more and more prominent.However,when people are enjoying the convenience brought by the era of big data,they are increasingly aware of the fact that personal information is not "streaking" all the time.Spam,telecom fraud,data leakage,human flesh search,network Attacks,geolocation,malicious referrals and other infringements of personal information are intensifying,moreover,there is a special information formed to sell black industry chains.The security of personal information is not guaranteed,causing public concern about the era of big data.In recent years,cases of infringement of personal information have presented a feature of numerous people,huge amounts of money,a wide range of fields,and serious harm.Therefore,the protection of personal information in the era of big data in criminal law is extremely important and significant.This paper mainly analyzes the criminal law protection of personal information in the era of big data through four parts:The first part is mainly to outline the issue of personal information protection in the era of big data.Firstly,the concept of big data and personal information is defined.It is considered that big data refers to a collection of data that can be explored,collected,stored and processed by software or hardware technology for a certain period of time,that is to say,data processing mode can be used to filter noise reduction,distribute integration and finally present a collection of data.Personal information refers toinformation that has direct or indirect relevance to an individual's personal and property and has a certain value density,including identity information,related account numbers,property status,whereabouts,communications,and so on.Secondly,it explains the change of personal information in the era of big data,in other words,the transformation from paperization,fragmentation,static structuring to electronicization,integration,and dynamic unstructured.Finally,it analyzes the characteristics of personal information infringement in the era of big data from the aspects of subject object,means,scope and social harm.The second part mainly discusses the protection status and regulatory defects of personal information in China's criminal law in the era of big data.Firstly,from the legislative process of personal information protection in China's criminal field and the related crimes,we discuss the current situation of the protection of personal information in China's criminal law in the era of big data.The legislative process is The Criminal Law Amendment(VII)and The Criminal Law Amendment(IX).The relevant provisions are the key points,and the crime is centred on the crime of infringing citizens' personal information.Then it makes a detailed analysis about the defects of the personal information in the protection of personal information in our country's criminal law,the unclear definition of objective behavior,the lack of subjective aspects of crime,the inadequate setting of relief system,the ambiguous sentencing threshold,and the confusion of crimes.The third part mainly analyzes the current situation of the protection of personal information by the extraterritorial criminal law in the era of big data and then analyzes its reference significance to China.First of all,we list the representatives of the civil law countries,Germany,Japan,the representatives of the Anglo-American legal system,the United Kingdom,the United States,and the relevant provisions on the protection of personal information in the criminal legislation of Hong Kong and Taiwan.Then through analysis andcomparison,we seek the reference significance of extraterritorial criminal law in the era of big data to China's criminal law,and conclude that China should practice the value pursuit of both human rights protection and economic development,establish a protection mechanism that combines legal mechanism and self-discipline mechanism,and construct legislative model centered on personal information protection law.This is the development direction of the three major personal information criminal legislation protection.On the basis of the first three parts,the fourth part focuses on the countermeasures of personal information protection in the criminal law of China in the era of big data.The current situation of personal information crime in the era of big data is based on the current criminal legislation in China and the defects of judicial protection on personal information.The following six suggestions are put forward: Firstly,the personal information standards regulated by the criminal law are rationally delineated by analyzing the scope of personal information and its rights;secondly,in order to improve the objective behavior of infringement of personal information,the "illegal use" and "illegal dissemination" are included in the scope of criminal law.Thirdly,basing on the consideration of the risk society and infringement of the legal interest to increase the subjective negligence of the responsibility of cognizance;Fourthly,we promote the reasonable application of free punishment,increase the application of fines,increase the applicable qualifications Criminals to improve the relevant penal provisions,and increase the "self-indictment" ways to broaden the channels of relief;Fifthly,by sorting out the relevant provisions of the civil law,administrative law on the protection of personal information and focusing on the crime of infringement of citizens' personal information Coordination between criminal law and various departmental laws;Last but not the least,combining with the specific criminal acts and different circumstances of criminal target identifiesthe choice of clear charges and the identification of the number of Crimes.These recommendations adhere to the criminal law as the modest principle of the post-position law,and pay attention to the effective regulation of crimes against personal information.It is helpful for the protection of personal information.