The Dual Legal Interests of Data Crimes and Their Protection Paths
The importance of data in the era of big data is increasingly prominent,but there are still some problems in the protec-tion of data legal interests in China's criminal law,including the abstract connotation of data order legal interests,which makes it diffi-cult to undertake the mission of protecting data legal interests and ensuring the stable and healthy development of data technology.A single data security legal doctrine can lead to improper use of public data being criminalized.The legal interests violated by data crimes are dual legal interests,with data security as the outer shell and data self-determination as the core.Based on the dual legal interests of data crimes,China should protect data under criminal law by amending old crimes and adding new crimes in legislation.On the basis of establishing independent protection of data legal interests,Article 285(2)of the Criminal Law should be amended,and special crimes targeting data destruction and abuse should be added.In the judiciary,the dual data legal interests should be used to reasonably define the threshold and scope of punishment for data infringement,and to achieve systematic protection of personal data,social public data,and national data.
data securitythe right to data self-determinationdual legal interestscrimes of damaging and abusing data
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