Criminal Law Protection Limits for Publicly Available Personal Information
There is a controversy in judicial practice:whether the unauthorized processing of publicly available personal information constitutes a crime.In existing theories,the secondary authorization argument violates the principle of legal order unification and excessively restricts the reasonable use of personal information,while the information openness argument reduces the informed consent to a mere formality.Based on the weak consent argument,if the unauthorized processing of information aligns with the voluntary disclosure purposes or contexts of personal information,it falls within the reasonable scope of personal information processing and therefore does not constitute a crime.Even if it does not align,as long as the data subject has not explicitly refused and his or her significant interests are not harmed,it lacks the punishable illegality and thus does not constitute a crime.Considering that the disclosure of personal information mandated by law involves public interests,as long as the information processing is not aimed at illegal activities,it should not be deemed criminal.The criminal protection of publicly available personal information should focus on combating the illegal use of such information,and therefore,it should be criminalized.
disclosed personal informationinformed consentcrime of violating citizens'personal informationright to self-determination of personal information
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