Research On The Criminal Law Protection Of Citizens’ Personal Information Rights In The Era Of Big Data

In the era of big data,profound changes have taken place in the connotation and extension of citizens’ personal information rights.Personal information presents new features such as multi-subject sharing,exchange and use,the Independent Use of personal information has gradually become the core of the rights of citizens,personal attributes,property attributes and public attributes together constitute the legal core of personal information.In the pre-big data era,the idea of criminal law protection of citizens’ personal information right is to prevent information from getting out of control.With the application of algorithms such as big data,cloud computing and artificial intelligence,the collection,processing and utilization of information has become very convenient,and the abuse of citizens’ personal information has become a general trend,incidents of disclosure of personal information of citizens occur frequently and are becoming more and more serious.These current situations highlight that in the pre-big data era,there are still many problems in criminal legislation and administration of Justice for the protection of citizens’ personal information,the Criminal Law Protection System of citizen’s personal information rights needs to be improved urgently,such as the lack of the disposition of the relevant crimes,the great controversy of the standard of conviction,and the lack of the criminal remedy of the citizen’s personal information rights.In order to effectively protect the citizens’ right to personal information,we should regulate the crime of invasion by transferring the citizens’ personal information,the act of abusing citizens’ personal information and the act of leaking citizens’ personal information through negligence,which is harmful to the legal interests,shall be criminalized,we should further improve the situation of "serious circumstances" and the way to identify the crime of infringing upon citizens’ personal information,continuously expand the criminal remedies for citizens’ personal information rights and interests,and construct a scientific and complete criminal law protection system for citizens’ personal information.