Journal of Northeastern University(Social Science) ›› 2022, Vol. 24 ›› Issue (1): 95-103.DOI: 10.15936/j.cnki.1008-3758.2022.01.012

• Law • Previous Articles     Next Articles

Reconstruction of the Structure of Classified Protection in the “Serious Circumstances” of the Crime of Infringing on Citizens' Personal Information

HUANG Chenchen   

  1. (Shool of Criminal Justice, China University of Political Science and Law, Beijing 100088, China)
  • Published:2022-02-23
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Abstract: Judicial interpretation divides the personal information into three levels according to the necessity and urgency of criminal law protection, and sets the threshold of different levels, which forms a classified protection mode of citizens' personal information. This mode can most directly reflect the degree of harmfulness of behavior and the protection of different types of information by criminal law, but it also has disadvantages, such as the narrow scope of the first level elements, the single identification standard of the second level, and the lack of behavior types of the third level. Therefore, the current classified protection system should be adjusted and improved. Specifically, “biometric information” and “sex related information” should be added to the first level, the identification criteria of second level should be extended to “may lead to discrimination against individuals”, and common information types such as personal contact information, personal experience information, and network association information should be added. Set the information quantity standard of “more than 50000 items” for Article 6 of the Interpretation of Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Infringing on Citizens' Personal Information, so that it can be included in the classified protection system as the fourth level.

Key words: the crime of infringing on citizens' personal information; serious circumstances; classified protection; biometric information

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