On The Personal Information In The Crime Of Infringement Of Citizens’ Personal Information

Since the establishment of the crime of infringement of citizens’ personal information,there has always been a controversy about the legal interests to be protected by this crime,both between personal legal interests and super personal legal interests,as well as between the right to privacy and the right to personal information.In judicial practice,there are also differences in the determination of personal information.This study attempts to analyze the problems in judicial practice,explore the legal interests of protection of this crime,define personal information,classify information according to sensitivity and public status,and adopt a classification protection model,so as to provide solutions to judicial practice dilemmas.The main body of this paper is divided into the following sections.The first part is about the problems in judicial practice,mainly about the recognition of personal information,sensitive personal information and published personal information in judicial practice,and reveals the differences among courts about the recognition of different types of information through the analysis of typical judicial cases.The second part is about the protected legal interest of this crime.By sorting out the different views of personal legal interest and super-personal legal interest,we clarify that the protected legal interest of this crime is the right to self-determination of personal information,and discuss the causes of the crime,namely,reasonable processing and informed consent.The third part is the definition of personal information,sorting out the evolution of the definition and revealing the process of expansion and limitation of the scope of personal information.Analyzes the composite attributes of personal information,namely,personal attributes,property attributes and public attributes.Analyze the criteria of identifiability and relevance of personal information,and exclude the information after anonymization processing.Distinguish different types of personal information and construct a classification protection modelThe fourth part is sensitive personal information,analyzing its human dignity and personal and property security standards as well as the standards for minors under 14 years of age,and exploring the definition model of sensitive personal information.Special types of information,such as biometric information and trajectory information,are explored,and their protection is increased with enhanced protection rules.The fifth part is the disclosed personal information,distinguishing different types of self-disclosure,legal disclosure and illegal disclosure,analyzing the necessity of protection for each type,and the protection of self-disclosure and legal disclosure is less than that of illegal disclosure and undisclosed information.The contribution of this study is that: at present,there are more studies in criminal law on the conduct and judicial application of this crime,and there are studies on the protection of legal interests,but no unanimous view has been reached;the studies on personal information are concentrated in civil law,and the studies on information protection are concentrated in administrative law.The subject of this paper is personal information in the crime of infringement of citizens’ personal information,and the crime object is taken as the research angle.The research idea follows the classical three-step approach: raising the problem(judicial practice dilemma)-analyzing the problem(rooted in legal interests)-solving the problem(defining personal information).Both theoretical controversies are responded to and practical problems are solved.This study adopts a variety of research methods,while the research materials are relevant core journal literature and judicial practice cases.This study constructs a categorical protection model for personal information,and adopts different protection levels for personal information according to its sensitivity and public status to achieve precise protection of personal information.The shortcomings of this study include the lack of in-depth data analysis due to the limitation of available data and the lack of legal benefit judgment standards,which leads to insufficient legal benefit arguments.