Criminal Law Protection of Citizens’ Personal Information in the Big Data

Abstract

In the Big Data, Chinese society is affected by data technology, and the collection and analysis of information is no longer a random and unpredictable process. Digital citizens’ personal information contains huge interests. Therefore, it is necessary to deal with the relationship between social development under the background of Big Data and cracking down on citizens’ personal information crimes. By sorting out the existing Chinese criminal law norms of citizens’ personal information, and based on the three perspectives of criminal law concept, criminal law legislation and criminal justice, this paper analyzes the punishment and responsibility of infringing citizens’ personal information in China. Finally, based on the dual evaluation model of qualitative and quantitative crime in China, the infringing of citizens’ personal information is regarded as a circumstance crime, and the involved elements of circumstances directly determine the sentencing of the perpetrator. The lack of interpretation in Chinese judicial documents and the incomplete determination of circumstances lead to the discrepancy of case results, resulting in the criminal justice punishment of different judgments in the same case. For the comprehensive determination of the criminal circumstances of infringing on citizens’ personal information, the strategy of focusing on quantitative standards and supplemented by non-quantitative standards is adopted to realize the comprehensive determination and accurate classification of cases and highlight the value of criminal law.