Criminal Law Protection Of Personal Information Of Citizens Involved In The Epidemic

The arrival of the epidemic has profoundly changed our lives.While fighting the epidemic scientifically and efficiently,the frequency of collection and use of citizens’personal information has been increasing.Violation of the personal information of citizens involved in the epidemic has not only caused serious damage to the rights and interests of citizens’ personal information,but also involves national interests and social and public security.The new challenges under the epidemic have made the existing deficiencies of my country’s criminal law in the protection of citizens’personal information more prominent,impacting the legal system of my country’s personal information protection.Therefore,the criminal law protection of the personal information of citizens involved in the epidemic plays a crucial role in protecting the personal rights and interests of citizens,maintaining social stability,and winning the"war of resistance" against the epidemic.The normalization of epidemic prevention and control and the promulgation of the "Personal Information Protection Law" is a favorable time for the criminal law to improve the crime of infringing on citizens’personal information.This paper studies the criminal law protection of the personal information of citizens involved in the epidemic,and the content is divided into five parts.The first part is an overview of the personal information of citizens involved in the epidemic,which clarifies the scope and characteristics of the personal information of citizens involved in the epidemic and the necessity of criminal law protection.The personal information of citizens involved in the epidemic has the typical characteristics of "semi-publicity" and the attribute of "complex" legal interests,which not only involves personal interests,but also has an important impact on the country’s overall epidemic prevention and control work,and the life,health and safety of the whole society.Private and public.In the context of the current epidemic prevention and control,social risk factors and potential threats are increasing,and the violation of the personal information of citizens involved in the epidemic has become m ore complex and diversified.Provide more comprehensive protection.The second part is the basic principles of criminal law protection of the personal information of citizens involved in the epidemic,which summarizes the basic principles that the criminal law should adhere to in protecting the personal information of citizens involved in the epidemic.On a macro level,the principle of equal emphasis on protection and utilization should be used as a guide,but in micro-realistic scenarios,whether to focus on the protection or use of the personal information of citizens involved in the epidemic should be based on the principle of interest measurement to make specific judgments.In some scenarios of epidemic prevention and control,the information rights and interests of citizens need to be given way to the public interests,but the restriction on citizens’ personal information rights must follow the principle of proportionality.The use and collection of citizens"personal information should not impose undue burdens on citizens.The third part is the status quo of criminal law protection of citizens’ personal information related to the epidemic.It clarifies that the current legislation on the protection of citizens’ personal information in my country’s criminal law mainly includes the "Criminal Law Amendment(Ⅶ)","Criminal Law Amendment(Ⅸ)" and the Supreme People’s Court,The judicial interpretation issued by the Supreme People’s Procuratorate also clarified that the criminal law will face new challenges in the protection of the personal information of citizens involved in the epidemic,such as increased collection subjects,increased risk of leakage,and more serious consequences of infringement.The fourth part is the insufficiency of the protection of the personal information of the citizens involved in the epidemic,and analyzes the shortcomings of the criminal law in the protection of the personal information of the citizens involved in the epidemic based on the current legislative situation and the new challenges faced at this stage.The manifestations are:lack of regulation on the"illegal use" of the collection subject;lack of subjective elements of negligence;unreasonable penalty setting;single criminal accountability procedure.The fifth part is a suggestion for the improvement of the criminal law protection of citizens’ personal information related to the epidemic.It proposes corresponding solutions to the deficiencies in the protection of citizens’ personal epidemic information in my country’s criminal law discussed in the previous part:adding the behavior of "illegal use";adding the subjective elements of negligence;Improve fines and add qualification sentences;establish a criminal accountability model of"primarily private prosecution,supplemented by public prosecution".It is hoped that the above-mentioned plan can make the crime of infringing citizens’ personal information better adapt to the new situation of normalization of epidemic prevention and control.