The Citizen’s Personal Information In The Crime Of Infringement Of Citizen’s Personal Information

After the passing of the crime of infringing citizens’ personal information,a large number of such crimes have been dealt with throughout the country.With the increase in the number of cases handled,the controversial issue of the crime has become increasingly prominent.In the past,scholars emphasized that China lacks special civil laws in personal information protection.With the adoption of the Civil Code and Personal Information Protection Law,China has formed a complete legal system in personal information protection.Therefore,the controversial issue of the crime of violating citizens’ personal information also needs to be discussed in the overall legal system.This article is divided into four chapters.The first chapter summarizes and analyzes the cases of infringement of citizens’ personal information in L province in the past five years in China’s judicial document network,and finds that the following three problems exist in the application of this crime in judicial practice.First of all,there are different criteria for judging the "identifiability" of citizens’ personal information;Secondly,the definition of legal interests of citizens’ personal information is vague;Thirdly,the scope of citizens’ personal information is unclear.The second chapter is about the judgment of "identifiability".Since all laws define citizens’ personal information in the way of "generalization+enumeration",whether the specific matters listed in the legal text are directly identifiable information or not,and whether it needs to be judged again in combination with identifiability.Through analysis,this paper believes that the specific matters listed in the legal text still need to be re judged in combination with identifiability.It is concluded that the possibility of direct identification criteria is questionable.For the judgment of indirect identification standards,there are subjective,objective and any subject theories.This paper believes that we should combine the classification of personal information in the Civil Code and the Personal Information Protection Law,adopt different judgment standards,and adopt any subject theory for private information and sensitive information.Other information shall be objectively stated.When the information can be identified only when it is combined with "other information","other information" shall be limited to the information that can be obtained through the methods known to the general public.The third chapter analyzes the legal interest of the crime.At present,the debate on the legal interest of the crime mainly focuses on individual legal interest and collective legal interest.The view of personal legal interest mainly includes the theory of personality right,personal information right,information self-determination right,privacy right and personal information protection.The viewpoint of holding collective legal interest mainly includes the public information security theory,the personal information retention and circulation theory,the super personal legal interest secondary theory,the super personal legal interest core theory,the information exclusive right theory,and the social management order theory.This paper concludes that the legal interest protected by this crime should be the collective legal interest,specifically the normal circulation of personal information.The fourth chapter discusses the scope of citizens’ personal information.As for the information of foreign citizens,the author advocates that in view of the development of network technology and the need for information circulation,the Personal Information Protection Law does not distinguish between foreign citizens’ information and Chinese citizens’ information,so the scope of citizens’ personal information includes foreign citizens’ information.For account password information,the author advocates that it should be limited to "real name system" account password information,and the judgment of real name system should be limited to only binding ID card and bank card account information.For the information that has been disclosed,it should be combined with the provisions of the Personal Information Protection Law.As long as it does not exceed the purpose and purpose of the information disclosed by the information subject,it is not necessary to distinguish between primary acquisition and secondary sale,which does not constitute this crime.