Research On Criminal Law Protection Of Citizens’ Personal Information From The Perspective Of Information Self-Determination

In order to adapt to the development of information technology in the data age,the contradiction between personal information protection and the processing and utilization of personal information has become increasingly prominent.For this reason,the Civil Code and the newly promulgated Personal Information Protection Law both provide protection for citizens’ personal information rights and interests.The development direction of the new protection rules is to further divide the attributes of personal information rights into information self-determination rights and data property rights.Criminal law,as the final guarantee law,should absorb the relevant theoretical connotations of the protection of personal information in the pre-requisite law,and prevent infringement.The scope of criminalization of citizens’ personal information crime shall be accurately defined.This article starts with the legal interests that citizens’ personal information should be protected,and redefines the right to information self-determination as the legal interests that should be protected in the crime of infringing on citizens’ personal information.The legal basis for the processing of personal information,thus constructing the entry and exit crime rules for the crime of infringing citizens’ personal information;redefine the scope of criminal objects in the crime of infringing citizens’ personal information from the perspective of information self-determination,and decompose the principle of "informed consent" in detail.,apply different degrees of "informed consent" principle to different links of information collection,circulation and utilization,in order to achieve the effect of blocking the elements of criminal law,and re-interpret the behavior of the crime of infringing citizens’ personal information,so as to improve the criminal law’s impact on citizens’ personal information.Information for the purpose of necessary protection.The first part of this paper introduces the connotation and legal attributes of citizens’ personal information,taking the relevant rules concerning personal information protection in the pre-law "Civil Code" and "Personal Information Protection Law" as the research object,clarifying that personal information has the right of information self-determination and data property rights Both aspects have the legal attributes of personal rights and property rights;and define the protection of legal interests in the crime of infringing citizens’ personal information as the right to information self-determination.The second part of this paper introduces the current criminal law’s legislative protection of citizens’ personal information.The direct protection of citizens’ personal information focuses on ensuring that the personal rights and interests of the information subject are not infringed,which belongs to the protection of personal legal interests;the computer information data system belongs to the protection of citizens’ personal information.Information provides indirect protection,focuses on the security of information data systems,and belongs to public and collective legal interests.And based on the perspective of information self-determination,the criminal law’s protection rules for citizens’ personal information are analyzed,and the relevant protection of computer information data systems is regarded as the bottom line protection of citizens’ personal information in the network field.The third part of this article mainly introduces the current criminal law and relevant judicial interpretations under the framework of citizens’ personal information protection.The vigorous development of technology makes the "identifiability" criterion of personal information gradually lose its meaning,the traditional "informed consent" principle is not conducive to the data circulation and utilization in the information age,it will hinder the development process of informatization,and the behavior of the crime of infringing citizens’ personal information The definition is inaccurate.In the process of applying the law,it is still controversial whether the collection of personal information that has been disclosed by others is "illegal acquisition",and the determination of "selling" and "providing" behaviors is relatively vague.In practice,data companies are reasonable The act of transferring the database was identified as "selling","providing",etc.The ambiguous definition of the crime has undoubtedly expanded the scope of application of the crime.The fourth part of this paper proposes a path to improve the protection of citizens’ personal information by criminal law based on the perspective of information self-determination,mainly including the definition of the meaning of citizens’ personal information based on the criteria of "identifiability" and result-oriented "hazard risk".;and based on the legal interests of the right to information self-determination,put forward a plan to optimize the application of the "informed consent" principle,and build the applicable rules of the "informed consent" principle from the collection and circulation of personal information.Finally,from the perspective of legal interests,re-interpret the behavior of the crime of infringing citizens’ personal information,and accurately define the meaning of "illegal acquisition","sale" and "providing".