Clarifying the Legal Interest of the Crime of Infringing on Citizens'Personal Information
Due to the lack of a correct understanding of the relationship between personal information and personal data,the existing legal interest of the crime of infringement of citizens'personal information is deficient in the perspective of validation of rights or interests to data,and faces a number of obstacles in the concrete application of the crime.In the real scenario of personal data circulation,it should be recognized that the object of validation of rights contains personal data carrying personal information.Based on the basis of determination of the protected legal interest of this crime,i.e.the social attributes of the object of the act,the scenario attributes of the content of the act and the multiple attributes of the harmful consequences,the legal interest of this crime should be determined as the exclusive right to information of the legal subject,and the subject of its domination,the content and the legal attributes of the legal interest should follow the criterion of scenario-based judgement.Based on this guidance,the dynamic judgement mechanism of this offence can be clarified,the criteria for distinguishing between the administrative offence of infringing citizens'personal information and the criminal offence,and the offence and related crimes can be clarified,and the rights and interests of the subjects related to personal data can be properly included in the scope of protection of this offence.
validation of rights to datapersonal datalegal interest of exclusive right to informationcontextual
万方数据
维普
