Study Of Criminal Protection Of Personal Information In The Era Of Big Data

The criminal protection of personal information is a long-standing problem.However,in the era of big data,owing to the technology of automatic processing,the sensitivity and identification of personal information are significantly enhanced,and the harm of infringing personal information is much greater than that in the past.Therefore,we should respond to the urgent need of reality by improving relevant legislation.Moreover,the Personal Information Protection Law just released has put forward new requirements in this field.As a result,criminal legislation should also keep pace with the times.Therefore,it is necessary to analyze the criminal protection of personal information in the era of big data.This paper mainly discusses this issue from the following four aspects.The first part of this paper briefly introduces the basic concepts of big data and personal information,and expounds the theoretical basis of criminal protection of personal information in the era of big data.According to the theory of the boundary of criminal law,a sort of behavior should to be regulated by criminal law if and only if it is harmful to society and unavoidable to criminal law intervention.Violations of personal information can be socially harmful because it can infringe the right of self-determination,privacy and property.Because of the weak position of the information subject relative to the information processor,the intervention of criminal law is inevitable.The second part of this paper introduces the current criminal legislation of personal information in China,and points out its shortcomings.From the perspective of single crime,the crime of infringing on civil personal information is confronted with many problems,including the indulgence of the act of criminal negligence,the confusion of concept and hierarchy of personal information,and the difficulty in realizing informed consent.From the perspective of the system of crimes,the behaviors of tampering,destroying and illegally using personal information also need to be regulated by criminal law.The third part of this paper compares the extraterritorial legislation of personal information.In the United States,the right to personal information is regarded as the right to information privacy.The principle of protecting the right to personal information evolved from the third-party principle to the theory of information differentiation,and finally replaced by the current situational context integrity theory.In Germany,the right to personal information is regarded as the right of personality,and its principle of protecting the right to personal information has changed from domain theory to information self-determination theory.Both countries have divided personal information into several levels according to certain standards,but due to the automatic processing of data,both countries have abandoned this practice,which is worthy of our reference.In addition,the criminal laws of the two countries also have commendable points in the behavior mode and subjective aspects of punishing personal information crimes.The fourth part of this paper,for the purpose of improving the criminal protection of personal information,puts forward several suggestions on the basis of the above part of the discussion: 1.Clarify the scope and classification of personal information by judging the identification,relevance and sensitivity of personal information in specific scenarios.2.Adopt the way of dynamic content.3.Punish special subjects who disclose personal information out of negligence and violate the requirements of their duties.4.Punish the behavior of destroying the integrity of personal information and using personal information illegally.