Research On The Legal Benefits Of The Crime Of Infringing On Citizens’ Personal Information

The unique dual attributes of personal information have led to the debate in criminal law circles about whether the legal interests of the crime of infringing on citizens’ personal information are individual legal interests or suprapersonal legal interests.For a long time,the lack of a preliminary law has led to personal information protection has been under the embarrassing protection mode of "criminal before the people",the criminalization standards for infringing on citizens’ personal information are not uniform,and the criminal law prematurely intervenes in the protection of personal information,which violates the basic principle of unification of legal order.The promulgation of the Personal Information Protection Law marks the improvement of the pre-existing law on the crime of infringing on citizens’ personal information.Therefore,the criminal law should take the promulgation of the Personal Information Protection Law as an opportunity to conduct a re-analysis of the crime of infringing on citizens’ personal information.Personal information is generated by natural persons participating in all aspects of social life,and records the social footprint of specific natural persons.It can be said that natural persons are directly related to personal information and bear the most serious consequences caused by the leakage or illegal use of information.Therefore,the legal benefits of the crime of infringing on citizens’ personal information should first guarantee the individual rights of natural persons.Personal information in society usually goes through the process of collection,use,and even recollection and reuse.When collecting for the first time,attention should be paid to protecting the natural person’s right to informed consent,and fully respecting the natural person’s personal will on the scope of disclosure and the method of use of personal information,because once personal information enters the public domain,the natural person’s ability to dominate and control its information will be weakened or even out of control.When personal information enters the public domain and enters the stage of recirculation,the wishes of natural persons cannot be pursued.However,this does not mean that personal information entering the public domain is no longer protected by law,because even if the information is disclosed,it may still threaten the personal and property safety of natural persons.The existing theory of personal law only focuses on personal information as personal value,and advocates the protection of natural persons’ right to control their personal information.This viewpoint plays an important role in the primary collection and processing of personal information,but it is difficult to apply it to the protection of disclosed personal information.Personal information has the dual value attributes of both individuals and society,and it plays an important role in social management.Therefore,the essence of personal information protection is to achieve a balance between the personal value of personal information and the social value.For the disclosed personal information,the right to control the natural person cannot be protected,and blindly pursuing the natural person’s right to self-determination of information is bound to increase the cost of information circulation and hinder the social value of personal information.The PIPL clarifies the obligations of other social entities in the protection of personal information by stipulating the obligations of personal information processors and the departments performing personal information protection duties.In short,the right to personal information advocated by the PIPL shall include the right to self-determination of personal information and the right to personal information to be protected.As a safeguard law for other sectoral laws,the Criminal Law shall be coordinated with the preceding law.In addition,the nature of criminal law is public law,so the legal interest of the crime of infringing on citizens’ personal information should be the right to information under public law,which can not only protect the "informed consent" of natural persons at the stage of information collection,but also provide a basis for the protection of personal information entering the public domain.Only in this way can the protection of personal information and the use of personal information be coordinated,and the social value of personal information can be realized on the basis of protecting human rights.