Layered Construction of the Criminal Law Protection Model for Disclosed Personal Information
There are three main perspectives on the criminal law approach to unauthorised handling of publicly available personal information:criminalisation,non-criminalisation,and the doctrine of compromise.The incriminatory theory is based on the'need for reauthorisation',which is problematic in terms of normative convergence.The theory of criminalisation that"re-authorisation is not necessary"weakens the function of the mechanism of informed consent.In the Compromise Theory,the judgmental criteria of'reasonable treatment'and'public purpose'are vague,the'scenario theory'is logically flawed,and the judgmental dimension of the criterion of'general accessibility'is not clear.The general accessibility criterion has a single judgement dimension.The definition of'disclosed personal information'should be based on the subject,scope,and form of disclosure.Therefore,the processing of personal information that has been unlawfully disclosed is legally invasive.Consent is generally not required for the processing of fully disclosed personal information.If a data subject voluntarily discloses personal information within a certain scope,consent is only required for processing beyond that scope.When handling personal information that has been disclosed within a specific scope in accordance with regulations,the individual providing the information must give their consent if they have the right to do so.If the individual does not have the right to dispose of the information,it cannot be dealt with without authorization.If the individual only has partial rights to dispose of the information,dual authorization must be obtained by the user of the information.
Crimes Against Personal InformationDisclosure of Personal PnformationInformed ConsentRight to Information Self-determination,Secure Use
万方数据
维普
