Criminal Law Protection Of Financial Information Security From The Perspective Of Data Sovereignty

With the development of economic globalization,cross-border financial information is inevitable.The cross-border circulation of financial information breaks geographical restrictions.National data sovereignty has been impacted to a certain extent,and the protection of cross-border financial information is seriously threatened.Financial information security is not only a problem of the financial industry itself,but also closely related to the country’s economic security,social security,and even national security.At present,the protection of financial information in my country is scattered in administrative regulations.In the context of the inevitable exchange of financial information between countries,it is imperative to protect cross-border financial information through criminal law while maintaining data sovereignty.Based on the clarification of data sovereignty,data and information,personal information and financial information,cross-border data and other related concepts,this article analyzes and points out the cross-border financial information from the international circulation of financial information and the legal benefits embodied in the violation of financial information.The challenges faced by criminal law protection in the process of circulation:On the one hand,there is the conflict of the data management concepts of international entities in the process of cross-border circulation of financial information.Subjects with financial information security obligations are required to store data in their own country and refuse to provide other countries’ data.At the same time,we also want to obtain data stored in other countries.This exclusive data management concept makes it difficult to determine the prerequisites of administrative violations of crimes endangering financial information security;on the other hand,from the perspective of the legal benefits of infringement of financial information,it can be divided into two types:citizens’ democratic rights and national social order.Regarding the violation of different legal interests,the crimes of infringing citizens’personal information and the crime of refusal to perform cybersecurity management obligations can be regulated respectively,and the two crimes have overlapping legal interests protection.Therefore,it is necessary to adjust the existing criminal law rules to regulate them.Further analysis of the two reasons for the difficulties:the difficulty of criminal law protection in the context of financial information circulation is mainly reflected in the unequal demand for national development and international protection on the one hand,and different data protection concepts between countries formed "information legal competition".As well as the financial information legislation game that has emerged in various countries to balance financial development and financial security,which makes it difficult to identify the premise of financial information security crimes.On the other hand,the boundaries between public and private legal interests behind individual financial information and large-scale financial information are unclear and legal The protection of financial information under system guarantees is not smoothly connected,which makes the existing criminal law rules unable to fully protect it.Finally,this article proposes two aspects of policy stance and specific adjustments of criminal law provisions in response to the aforementioned issues:criminal policy stance:the conclusion of international rules must adhere to the principle of reciprocity of national exchanges,and focus on financial information security and value realization;domestic laws need to balance domestic laws and regulations.principles of international treaties;the improvement of the criminal law should implement the principle of safeguarding the interests of the subjects of financial information security obligations and the rights of financial information subjects.The specific criminal law improvement path:First,internationalization is handled by participating in the formulation of international treaties or agreements.The agreement is mainly in terms of position,principles,information flow methods,supervision,and responsibility.Second,in order to solve the problem that the current criminal law provisions are difficult to apply to the protection of related legal interests,it is necessary to distinguish between different legal interests and make reasonable revisions to the relevant criminal law provisions to achieve full protection of financial information.In order to protect citizens’democratic rights,the crime of infringing on citizens’personal information is applied to personal financial information that embodies "private legal interests",by redefining the concept of "citizen",expanding the scope of interpretation of "personal information",and achieving consistency in the concept of "personal information" under the execution law department And in the context of the cross-border flow of financial information,"violation of national regulations"is interpreted;in order to protect the national social order,when the crime of refusal to perform cybersecurity management obligations is applied to the large-scale financial information that reflects the "public legal interest",the above clarifies the supervision proposed by the supervisory authority,the intentional subjective concern to the negligence,and the way to expand the scope of the subject;for the two crimes where there is an overlap in the protection of legal interests,the concept interpretation of the pre-provision and the direction of information infringement should be taken The formulation of rules proceeded from two aspects.