Criminal Law Protection For The Crime Of Violating Citizens’ Personal Information In The Big Data Era

Data resources have become a national strategic resource,personal data has gained unprecedented value,data breaches have occurred frequently,and legislation and justice are facing huge challenges.Various countries have enacted information and data legislation to prevent data misuse.China has gradually formed a relatively complete criminal law protection system for personal information,but due to the rapid development and update of technology,data legislation and judicial application are facing huge challenges.At the legislative level,in view of the humility of criminal law,while improving criminal legislation,it should be noted that the scope of regulation of criminal law cannot be expanded blindly,then it is necessary to improve the pre-protection of civil law,administrative law and other laws on personal information of citizens as soon as possible and introduce The "Personal Information Protection Law" that specifically protects citizens’ personal information.The connection between criminal law and the above-mentioned laws also needs to be resolved.At the judicial level,in 2017,the Supreme People ?s Court and the Supreme People ?s Procuratorate promulgated the “Interpretations on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Citizens? Personal Information ”.In practice,there are still some details on the level of judicial application that need to be further resolved,such as how judges should accurately understand the scope of "citizen’s personal information" in the process of handling cases to classify the information involved,and there are standard determination issues such as "serious circumstances" How to calculate the amount of personal information and other specific legal application issues also need to be further explored.The article discussed from four aspects,firstly combing the current laws of our country,especially the provisions of criminal legislation and judicial interpretation,clarifying the relevant concepts and crime composition of the crime of infringing personal information of citizens,and secondly analyzing the current legislation and crimes facing the crime of infringing citizens’ personal information Judicial dilemma,based on the experience of foreign advanced legislation,combined with China’s national conditions,and finally made a simple countermeasure study of the problems in legislative justice.The first chapter is to sort out the current criminal legislation provisions in China,as well as the provisions in judicial interpretation and other relevant laws on the violation of citizens ?personal information,and clarify the relevant concepts and conviction and sentencing standards.The second chapter analyzes the dilemmas encountered in China’s criminal legislation and judicial levels,and focuses on these dilemmas.The third chapter is based on Japan’s "Personal Information Protection Act",the United States "Federal Privacy Act",and the EU "General Data Protection Regulations" as a reference,and its essence is to provide advanced legislative experience in developed countries for the improvement of personal information protection in China.Chapter 4 is for protecting the personal information security of citizens and promote the development of informatization.Based on the current legislative and judicial dilemmas of China ?s criminal law in regulating crimes that violate citizens? personal information,some simple analysis and countermeasures are made to these dilemmas.In order to make our country’s violation of citizens’ personal information more effectively regulated.