Research On Criminal Regulation Of Illegal Use Personal Information

With the advent of the information age,the value of personal information has become increasingly prominent,and has gradually become the cornerstone of society.Once you leave your personal information,individuals will be unable to do anything,and society will be out of order.It is becoming a consensus to provide a full range of legal protection for personal information.However,with the rapid development of big data technology,the infringement of personal information appears a new situation of deep utilization.The illegal use of personal information emerges in an endless stream,which comprehensively infringes on the legitimate rights and interests of individuals and public interests,and becomes a social disease.It is urgent to explore a scientific legal regulation path,and improve the legal barrier of personal information.This article first analyzes the legal status and problems of illegal use of personal information.Explain that the legislative level does not regulate the illegal use of personal information,and there are legal loopholes,especially the lack of regulation on the illegal use of crimes that violate the personal information of citizens.At the same time,there is a lack of regulatory basis at the judicial level,and governance difficulties arise,especially cases involving illegal use of personal information are increasing year by year.Secondly,it analyzes the necessary value of the criminal regulation of illegal use of personal information.Starting from the necessary value of actual regulation,the illegal use of personal information has a wide range and a high frequency of occurrence,and has the consequences of overrun and out of control.The existing legal norms cannot be governed and can only be regulated through criminal law.From the perspective of the necessary value of theoretical regulation,analyze the internal power of personal information rights,demonstrate the existence of independent legal benefits of the use of personal information behind the illegal use of personal information,and provide theoretical justification for criminal law regulation.Then,the paper demonstrates the criminal law regulation path of illegal use of personal information.On the basis of clarifying the misunderstanding of "concept confusion" and "type confusion" in the current regulation,it divides the illegal use of personal information into "leaked illegal use of personal information" and "unauthorized use of personal information",and carries out type regulation.Finally,based on the path of typed regulation,clarify the effectiveness of criminal regulations.Regarding the leaked illegal use of personal information,on the one hand,it denies the idea of circumventing criminal responsibility through technical means,and points out the shortcomings of subordinate regulation through other crimes.On the other hand,to demonstrate that the act complies with the constituent elements of the crime of infringing on the personal information of citizens,it should be regulated by specific charges.Regarding the unauthorized use of personal information,on the one hand,it proves that the act is as intrusive as the crime of infringing on the personal information of citizens,and at the same time analyzes the predicament and causes of the weak criminal laws and regulations.On the other hand,in order to solve the above regulatory loopholes and improve the criminal law’s systematic protection of personal information,special regulations should be made through the addition of the "unauthorized use of personal information" method.At the same time,it will construct the system positioning,composition requirements,penalty settings and other contents of the newly added charges,and improve the criminal protection network of personal information.