Criminal Law Protection Of Citizens' Personal Information Under The Background Of Big Data

In the context of big data,personal information has both property value and personality attributes and the protection of citizens ' personal information in the form of privacy rights in China has been unable to adapt to the era of big data.There are more and more methods for collecting personal information in the era of big data,and criminal law should,while ensuring the principle of restraint,protect personal information to the greatest extent.Firstly,this paper believes that the personal information community should be defined as an independent right,that is,the right to personal information,and then determine the legal interest of personal information in the context of criminal law as the right to self-determination of information;secondly,to avoid the crime of illegally acquiring computer information system data becomes a pocket crime,the boundary between "data in the computer information system"and personal information should be defined;thirdly,it should be discussed whether the negligent disclosure of citizens ' personal information and the illegal possession of citizens' personal information should be included in the scope of criminal law;finally,personal information in the era of big data is in the process of dynamic change,and there is currently no law on the dynamic protection of personal information.This paper envisages the analogy to the dynamic monitoring of sewage equipment switching systems in environmental protection,strengthen the internal information system management responsibilities of Internet service providers,and expand the responsibility for the Crime of refusing to fulfill the obligation of information network security management of the internet service providers.