The Personal Information Protection Law is a cutting-edge law in the digital age.It has the characteristics of pre-emptive law,incomplete field law,and no real subsidiary criminal law.There is a time lag with the provisions of the criminal law on the crime of infringing on citizens'personal informa-tion.In order to effectively bridge the gap between norms,it is necessary to embed the Personal Informa-tion Protection Law into the application process of the crime of infringement of citizens'personal informa-tion.In terms of the criminalization linkage mechanism,the scope of personal information in the two laws should be understood uniformly to avoid the expansion of the criminal circle;the classification and processing settings of personal information in the pre-position law should be used to explain the constitu-tive elements of the crime of infringement of citizens'personal information,direction to achieve balance between crimes and punishments and legal coherence.In terms of the connection mechanism between crimes,"consent"in the Personal Information Protection Law prevents criminal violations due to the lack of legal interests,and other legitimate reasons in the Personal Information Protection Law prevent crimi-nal violations due to the principle of weighing legal interests.The corresponding legitimate reasons can be classified into legitimate business behavior,emergency avoidance,and legal behavior in the criminal law doctrine,and the reasonable handling of disclosed personal information should become an independent new illegal obstacle in the digital era.The aforementioned reasons can decriminalize related behaviors in the context of personal information classification.
Personal Information Protection LawCrime of Infringing on the Personal Information of CitizensConsentLegal Interest Measurement
万方数据
维普
