Research On Developmental Prevention Of Crimes Against Civil Personal Information

The development of big data makes personal information an important economic resource.Obtaining a large amount of personal information means occupying a favorable position in an economic war.China’s huge Internet user group generates a large amount of personal information,and the Internet has gradually become a hotbed of crimes against citizens’ personal information.With the increasingly complex situation of this crime,how to curb its development trend and protect the personal information of citizens has become a topic of common concern in contemporary times.This article discusses from the following four aspects,and proposes a developmental prevention strategy for the crime.The first part of the problem is put forward,explaining the predicament of the governance of this crime.The crime of violating citizens’ personal information forms a cyber gray industry chain,which triggers downstream crimes such as telecommunications fraud and sexual violence.Individuals are difficult to prevent in the online society.Information collection format terms are absent,and high-traffic network platform information leakage is high.China simply relies on criminal law.Sanctions,lack of civil and administrative laws and regulations,there are certain disadvantages in the priority punishment of the criminal law,and the penalties have broken through the marginal effect.In the absence of basic laws,it is difficult to meet the needs of crime governance.The second part draws on the practice of protecting personal data in the United States and the European Union,and draws inspiration from developmental prevention.The United States incorporates personal data under the protection of privacy and adopts decentralized legislation.In order to promote the development of the Internet industry,adhering to the prevention-oriented "free market + strong supervision" governance philosophy,prevent crime from occurring through administrative supervision and industry autonomy.Based on the dual legislative purpose of supporting the protection of local data companies and personal data,the European Union has adopted the "data basic rights" protection model,formulated the "General Data ProtectionRegulations",established law enforcement agencies with independent investigative powers in various countries,and imposed sky-high fines.The experience of governance in the United States and the European Union has brought enlightenment to China’s data protection.Personal data protection should be equal to the development of the digital economy,and crime should be controlled through preventive measures.The third part introduces the basic concepts of developmental prevention.Developmental prevention refers to the discussion of crime prevention from personal growth and development.The factors that lead to the formation of criminal tendencies are divided into long-term factors of personal growth and short-term factors of social environmental impact.This article discusses from the perspective of social environmental impacts and considers crime as a social environment.As a result of interaction with individuals,crime prevention must be based on social development and intervene in crime factors.This article discusses the reasons for introducing developmental prevention from three aspects: intervention in criminal motives,reduction of criminal costs,and elimination of criminal soil.It is proposed that developmental prevention should give play to the key role of platform governance,use the platform to rationalize the ternary relationship between users,enterprises,and government,introduce market mechanisms,and adopt two-layer supervision.The fourth part proposes the governance strategy of the developmental prevention of this crime.First,China should accelerate the promulgation of the Personal Information Protection Law and the Data Security Law,and separate legislative protection for minors to consolidate the systematic construction of the data law.Second,improve the two-tier supervision model and supporting mechanisms.It is necessary to establish an independent regulatory agency,establish a credit system,and increase administrative fines.Platform companies must actively fulfill their platform supervision obligations and strengthen their own data compliance.Third,they must stimulate the enthusiasm of industry associations to participate in crime governance,and get rid of administrative tributary status through reform.Industry norms and the role of association supervision and guidance;Fourth,the use of the "Internet Maple Bridge Experience" autonomy model to give full play to the supervision role of the masses,mainstream media,and social groups to promote mass autonomy;fifth,and finally rely on the "Belt and Road" international cooperation and improvement Cross-border evidence collection and extradition system to strengthen judicial and law enforcement assistance with countries along the route.