英文摘要 |
Sensitive personal information has the attributes of being easily discriminatory, highly dependent on individuals, highly related to property, and having special characteristics concerning children. Violations of citizens' sensitive personal information are easy to cause major damage to citizens' personal dignity, personal safety and property safety. The relevant provisions of Chinas criminal law should focus on strengthening the special protection of sensitive personal information. The judicial interpretation of the criminal law is inconsistent with the provisions of the Personal Information Protection Law on sensitive personal information. The Judicial Interpretation of the Criminal Law classifies sensitive personal information, and does not explicitly mention biometric information and personal information of minors under the age of 14 and the way to regulate sensitive personal information is illogical. The Personal Information Protection Law does not classify sensitive personal information. It clearly defines biometric information and personal information of minors under the age of 14 as sensitive personal information, and adopts a scientific and reasonable method of ''summarization + enumeration'' for sensitive personal information. The Criminal Law should not add a new crime of infringing on citizens' sensitive personal information, and should increase the content of special protection of sensitive personal information by adjusting the existing provisions on the crime of infringing citizens' personal information. The judicial interpretation of the criminal law should cancel the existing classification of sensitive personal information, set the starting point of illegal acquisition, sale or provision of sensitive personal information of citizens to ''50 or more'', and maintain the recognition standard that the ''circumstances are particularly serious'' of infringing upon citizens' sensitive personal information is more than 10 times that of ''circumstances are serious''. |