Criminal law doctrinal analysis of"Doxing"disclosed personal information
Due to the Personal Protection Law setting"publicly available personal information"as a legitimate reason for processing personal information,in general,"doxing"of publicly available personal information does not constitute the crime of infringing on citizens'personal information.But when the personal information that has been publicly disclosed through"doxing"meets the exception provisions of the Personal Insurance Law on the legitimate processing of"publicly disclosed personal information",that is,when the individual"explicitly refuses"and"has a significant impact on personal rights and interests",then"doxing"can constitute the crime of infringing on the personal information of citizens."Significant impact on personal rights and interests"should be defined as causing urgent danger or damage to the personal and property rights of the searchee,and the perpetrator should have indirect intent in this regard.However,given the fundamental rights inherent in"doxing"and the different types of existence,"doxing"should be classified into three types:"de anonymization type","target locking type",and"de legalization type".Even if"doxing"meets the two exceptions of the legal processing reasons for"publicly disclosed personal information"stipulated in the Personal Insurance Law,the legal processing reasons stipulated in the Personal Insurance Law,such as"implementing news reporting and public opinion supervision for the public interest",can still be used as illegal obstacles for"doxing"to retrieve publicly disclosed personal information.It should be noted that ordinary citizens can also engage in"news reporting",and the application of such illegal obstacles must meet the limitations of"public interest"purposes and reasonable means.
doxingdisclosed personal informationcrime of infringing on citizens'personal informationantecedent lawground of infringement prevention
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