Possible Paths to a Criminal Law Regime for Data Protection
In recent years,data crimes have occurred frequently,seriously infringing on the legal interests and national security of data security in China.The current regulation mode of data crime in our country is"special charge+general charge",but there are still some shortcomings in this mode:the object of crime of illegally obtaining computer information system data is limited to identity authentication information;The crime of destroying computer information system only provides the last protection to the legal interest of data security.The protection scope of data security legal interests of the above two crimes does not cover the external data of the computer system and the whole process of data activities.In order to realize the extension and independence of the criminal law protection of data security,the limitation of the crime object of the crime of illegally obtaining data of computer information system should be abolished,and it should be changed to the crime of illegally obtaining data.The crime of data destruction is separated from the crime of computer information system destruction.Add crimes of illegal use of data and illegal data disclosure;Based on the principle of modesty in criminal law,the data crime is identified as a circumstance crime.
data crimecomputer information systemdata classification and grading
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