英文摘要 |
In the process of combating the crime against personal information, there are difficulties in the protection of the right of personal information to be forgotten in criminal law, including the problem of criminal and civilian fault in legislation, the problem of insufficient supply in theory and the problem of legal conflict in system. The criminal law protection of the right of personal information to be forgotten should adopt a passive protection model, which should recognize the dual nature of natural crime and statutory crime, and should be protected to a certain extent with reference to other legal provisions when considering ''public interest'' in the scope of statutory crime. For the protection of personal information in key areas, the right of personal information to be forgotten should be protected by hierarchical classification of differential protection rules. In order to realize the rational operation of the right to be forgotten in the field of criminal justice, the limits of the criminal law protection of the right to be forgotten of personal information are put forward in the dimension of time and space, and finally the exclusion of the crime of violating the right to be forgotten of personal information is considered. |