Discussion On The Crime Of Unauthorized Handling Of Publicly Disclosed Personal Information

Based on the advantages of technology control and market utilization,personal information processors and personal information subjects are in an unequal position.Compliance with the development law of economic life market and the dual attributes of personality and society of personal information itself will inevitably determine that there is a certain balance between the circulation and processing of personal information and the protection of the rights and interests of information subjects.Especially for personal information in the public state,it is often obtained and used by others because of its lack of secrecy.The promulgation of the Civil Code and the Law on the Protection of Personal Information has made new provisions on it,that is,"reasonable handling" is taken as an exemption for the actor to deal with the public personal information of citizens without authorization.Based on the principle of the integration of criminal and civil affairs in the view of the unity of legal order,in the crime of infringing citizens’ personal information stipulated in China’s criminal law,it is necessary to further explain the principle and path choice of this behavior in combination with its legal interest judgment and criminal illegality analysis.Through normative analysis and system explanation,this paper chooses to divide the "public information" of citizens into "active public information" and "passive public information",and through the analysis of the reasons for violating the law,it takes"presumption of victim’s consent" and "principle of interest measurement" as the guilty principles for dealing with the above two kinds of information without authorization respectively.On this basis,this paper puts forward the principles of "purposiveness" and"interests" as an important factor to examine whether it meets the standard of "reasonable handling" in the process of judicial application,in order to clarify the boundary of the crime of unauthorized handling of disclosed personal information,so as to avoid the dilemma of over-regulation of criminal law or lack of legal interest protection.