Layered criminal law protection of personal information in the dual structure of legal interests
Personal information embodies both individual rights and societal interests.However,the fundamental basis for the legal interests in information security lies in the freedom of personal information,which should be constrained by the right to informational self-determination.The protection of personal information under criminal law should be based on the right to informational self-determination.An evaluation mechanism based on"privacy-authorization"should be adopted as a dual standard,leading to the establishment of a"three-tiered protection of personal information"governance model that is based on the right to informational self-determination,while also encompassing information security.In this model,the level of privacy determines the differentiation of personal information into concentric circles,including the central circle,the basic circle,and the outer circle.Meanwhile,the specific scope of each circle is adjusted based on the authorization of the rights holder.Strict protection of the right to informational self-determination is implemented for the"central circle,"which includes citizens'private information that they refuse to disclose.For the"basic circle,"encompassing general information with limited authorization,an assessment of the reasonable scope of use is combined with the principles of proportionality and objective-purpose-based reasoning.In the case of the"outer circle,"which consists of completely public information,a shift towards the prevention and maintenance of risks associated with the circulation of information,as advocated under the victimology theory,needs to be adopted.
NETL
NSTL
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