The Adjustment of the Elements of the Crime of Infringing on Citizens' Personal Information from the Perspective of The Personal Information Protection Law

There is essentially no conflict between the judicial interpretation of the term "citizens' personal information" in the crime of infringing on citizens' personal information and the provisions of The Personal Information Protection Law. The "personal information" in the crime of infringing on citizens' personal information does not include the personal information of the deceased. Judicial interpretation has difficulty in accurately classifying highly integrated information into a certain category of information, and there is a lack of clear regulations and classification for biometric information. The Personal Information Protection Law contains a strong generalization in the classification of personal information and highlights the protection of biometric information. The dichotomy of personal information in The Personal Information Protection Law should be referred to, and the classification of personal information in judicial interpretation should be adjusted in a timely manner. The illegal use of personal information legally obtained is more harmful to the society than the information itself and should be included in the scope of criminal laws and regulations. According to the classification of information, the threshold and sentencing standard of the crime of infringing on citizens' personal information should be adjusted for "serious circumstances", and the criminal law protection of sensitive personal information should be strengthened.