In the process of processing and easily accessing to citizens'health physiological information due to the nature of their work,medical workers who illegally transfer it without legitimate reasons may be subject to punishment.With the informationization of medical activities in the era of big data,citizens'health physiological information should be traceable within the medical industry;how-ever,due to the absence of criminal norms for its protection and the ambiguity of the scope of the infringing subject,the corresponding criminal law regulation falls into a dilemma.In order to clarify the boundary between crime and non-crime of violating citizens'health physiological information behavior,so as to better apply the provisions of relevant criminal law,and further clarify the connotation of"health physiological information"that is not explained in judicial interpretation and the specific subject of its infringement,it is neces-sary to exclude the behavior that does not achieve considerable legal interest infringement from the scope of criminal law regulation.
关键词
健康生理信息/行为主体/入罪限度
Key words
health physiological information/action subject/criminalization restriction