On The Identification Of Sensitive Personal Information In Criminal Justice

In the era of rapid data expansion,the protection of sensitive personal information has become a topic that cannot be ignored.Compared to general personal information,sensitive personal information is of greater importance.The damage to personal and property rights caused by the infringement of sensitive personal information is therefore more serious.Although the promulgation of the Personal Information Protection Law("the Law")has played a very positive role in protecting the rights and interests of personal information,regulating the processing activities of personal information,and making reasonable use of personal information,the issues of the conflict between the Law and other laws,especially the criminal law system,as well as how to solve this problem and build a more complete protection system for the protection of sensitive personal information,require urgent attention.This article explores the problems existing in the identification of sensitive personal information in criminal justice,analyzes the causes of the problems,and proposes ways to improve the identification in order to promote a more comprehensive protection of sensitive personal information in criminal justice.This article is structured as follows.Chapter 1 raises questions and points out the difficulties in identifying sensitive personal information in criminal justice.Firstly,the introduction introduces the research background of the study.Secondly,it summarizes the problems existing in the identification of sensitive personal information in criminal justice.The significance of the study is also briefly explained in the concluding section,clarifying the specific identification rules for sensitive personal information proposed in criminal justice,which is conducive to making up for the practical difficulties of insufficient supply of sensitive personal information protection systems.Chapter 2 introduces the legislation and research status of sensitive personal information in detail from the legislative and theoretical levels.By comparing the current experience and shortcomings in the recognition of sensitive personal information,as well as the status of protection and regulation of sensitive personal information in foreign countries,it is pointed out that there is still room for improvement in China’s legislation and academic research,and further research and reference are still needed.Then chapter 3 deeply analyzes the reasons for the above problems.The difference between the three division of personal information in the Interpretation on Several Issues Concerning the Application ofLaws in Handling Criminal Cases of Infringement of Personal Information of Citizens and the two division in the Law is the fundamental cause of confusion in the identification of personal information.Sensitive personal information and private information differ greatly in scope,subject of obligation,and emphasis on protection,and should be distinguished from each other.Sensitive personal information is also different from general personal information,and it is important to distinguish between the two.At the same time,the contradiction between the static nature of personal information regulations and the dynamic nature of personal information scenarios,the failure to include personal dignity and information on minors under the age of 14 into the protection of sensitive personal information,and the insufficient protection of biometric information are also important causes of the problems.The fourth chapter proposes relevant improvement paths for the above problems and causes.Firstly,from the normative level,the principles and rules for the recognition of sensitive personal information in criminal justice should be improved.Secondly,at the theoretical level,the scenario theory is introduced to provide a theoretical basis for the scientific recognition of sensitive personal information.Thirdly,human dignity and information about minors under the age of 14 are included in the category of sensitive personal information.Finally,it is suggested that the protection of biometric information should be strengthened,considering that it has both personal and property attributes.And the chapter 5 concludes.It summarizes the whole text and further discusses the necessity and legitimacy of improving the identification of sensitive personal information in criminal justice,achieving convergence and coordination with the Law,with a view to building a more complete protection system for sensitive personal information.