Criminal Law Protection Of Personal Information Security In The Internet Environment

The progress of Internet technology not only brings convenience to our life,but also brings new problems to information security.The behavior ways of personal information security crimes are gradually enriched,and the social harmfulness is gradually increasing,which poses a great threat to individual,society and even national security.Through the analysis of typical cases,it can be concluded that there are many problems in the legislation and judicature of the crime of violating personal information security in Our country.There are three main problems in judicature.First,the concept of personal information is not clearly defined and the scope of personal information is not clear.Second,the legal benefits of personal information security are not clear,and its social harm is not appropriate;Third,the theory of joint crime is applicable to fuzzy,the responsibility identification of principal offender of helping behavior is not clear,and the scope of application of one-sided accomplice is narrow.There are two problems in legislation,one is the lack of legislation on illegal use of personal information;Second,the penalty system is not perfect.In view of the existing problems in legislation and judicature,in the aspect of interpretation,firstly,the connotation of personal information should be determined,the personal information security of foreign citizens and stateless persons should be included into the protection scope,and the connotation of personal information should be determined by means of exclusion legislation.Secondly,the harm of the crime of violating personal information security should be considered to break through the scope of personal legal benefits and determine the publicity of personal information security legal benefits;Finally,it is necessary to standardize the application of joint crime in the case,consider the harmfulness of criminal act and the force of criminal act to determine the principal offender’s responsibility of helping act,and broaden the scope of application of one-sided accomplice.In the aspect of legislation,the first step is to criminalize illegal exploitation.Secondly,we should refine the judgment standard of fine punishment,increase the qualification punishment,and stipulate occupational prohibition in the crime of violating personal information security.