Research On The Criminalization Of Illegal Use Of Citizens’ Personal Information In The Big Data Era

In the Big Data Era,personal information is not limited to privacy,but also includes personality rights and public interests.It is of high value,sharing and sensitivity,which provides an opportunity for illegal use of citizen’s personal information.At present,typical acts of illegal use of citizens’ personal information,such as fraudulent use of identities,abuse of personal biometric information and large-scale use,are frequent,and the infringement upon legal interests is rooted,typed and directly accurate.However,Article 253(I)of the China’s criminal law only stipulates three types of acts of illegal transfer of personal information.Illegal use behavior is not regulated,which is the purpose of transfer behavior.Meanwhile,the pre-law is not enough to regulate the "use" behavior and it is difficult for the information subject to protect his rights,which shows that the criminalization of this behavior is conducive to improving the evaluation system of criminal law.In contrast,Chinese Hong Kong,Chinese Macao and Chinese Taiwan,Japan,the United States and Germany and other countries have stipulated corresponding penalty provisions on the illegal use of citizens’ personal information through legislation.Therefore,it is necessary and feasible to criminalize the illegal use of citizens’ personal information.Considering the unity of the system and the integrity of connotation,it is suggested that the illegal use of citizens’ personal information should be included in Article 253(I)to regulate the illegal use of citizens’ personal information on the basis of complying with the modesty of criminal law,so as to construct the elements of incrimination of such act.Firstly,it is required to define the object of the act and include the personal biometric identification information,de-identification and anonymous information,and the disclosed personal information of citizens into the regulation.Secondly,it is required to define the specific type of act by taking the violation of the rules for legal use as the premise of "illegality".Thirdly,it is required to have criminal intent subjectively.Fourthly,it is required to,according to the rules for legal use,clearly define the rules for causes of crime such as "notification of consent",reasonable use of personal information and other rules for criminal causes and judgment criteria.Then,it is required to combine the type of information,the quantity of information,the harmful consequences and other elements to identify the incrimination criteria for serious circumstances.Finally,it is suggested to use selective charges to describe the crime.When using the third party’s information to commit illegal crimes,the crime of Article 253(I)and the crime of intent should be punished simultaneously.