Research On The Criminal Law Protection Of Personal Network Data

The era of big data quietly makes our lives face diversified transformations,and it also brings great convenience to our lives.But like a double-edged sword,the personal network data security threat brought by big data has also become an urgent issue.It is manifested in that personal network data faces many security risks,such as the risk of leakage,abuse,and the risks of data analysis technology,and other criminal risks.Therefore,the following research will be divided into several parts:The first part introduces the basic situation of personal network data,including the conceptual characteristics and classification of personal network data,and the security risks contained in personal network data.The second part explains the current situation of the criminal law protection of personal network data,and analyzes the deficiencies of the criminal law in the criminal law protection of personal network data.The specific manifestation is that there are no provisions specifically regulating personal network data,and some of the existing crimes cannot be fully applied to personal network For data protection,the connotation of "data" has limitations;the types of illegal infringements against personal network data are relatively single,and the "abuse" behaviors that are significantly harmful cannot be regulated by law;they emphasize public interests;the legislative model is single;Single litigation mode and so on.From this analysis of the current situation of the protection of personal network data in my country’s criminal law,it can be observed that the current criminal legislation tends to define personal network data as a "thing" of the right attribute,and the protection of personal network data in the criminal law only focuses on personal network data.In the transfer and collection links,there is a lack of behavioral supervision after personal network data is collected and transferred.The third part examines the laws and regulations related to personal network data in Germany,the United States,the United Kingdom,Singapore,South Korea,and Chinese Taiwan,and summarizes their personal network data legal protection experience,such as the "electromagnetic record" in the "Criminal Law" of Chinese Taiwan,Germany’s unified and cross-legislative model,the United States’ decentralized legislative model,the United Kingdom,Singapore,South Korea’s personal data special bills and so on.Generally speaking,the legal protection of personal network data outside the territory is relatively comprehensive.Their desirability is reflected in the distinction and processing of personal network data based on whether the nature is sensitive;the types of illegal acts are more comprehensive;the emphasis is on regulating government behavior;and the establishment of protection of personal network data Separate laws;increase private prosecution methods for personal network data crimes.On the basis of the foregoing,the fourth part analyzes the enlightenment of the criminal legislation on personal network data outside the territory to our country,and puts forward suggestions for perfecting the criminal law protection of personal network data in our country,such as appropriately expanding the connotation of"data" and breaking the definition of data in the age of computer information;adding"abuse" "Personal network data is a type of illegal act regulation,to prevent gaps in criminal laws and regulations,and to strictly define the criminal elements of the abuse of personal network data;increase the protection of personal interests and give data subjects the necessary control rights;establish a multi-level legislative model,To form a legal protection circle in which the criminal law and individual network data laws jointly regulate personal network data;increase private prosecution methods to improve the efficiency of relief for personal network data crimes.