The boundary of the criminal law regulation for"dealing with publicly available personal information"
HUANG Mingru
CHEN Yifen
Abstract：There are significant differences in criminal law theory and practice as to whether the processing of publicly available personal information should be convicted,or on what basis should be convicted.The view of absolute innocence in the theory of innocence,as well as the view in the"secondary authorization theory"that all acts of handling without the consent of the right holder should be convicted,undoubtedly violates the principle of the relative unity of legal order,given the premise that prepositive laws such as the Civil Code and the Personal Information Protection Law have already established the legitimacy rule of"reasonable processing".The"reasonable processing"theory introduces the rule of the predecessor law,and takes it as the cornerstone for judging the boundaries of criminal law in dealing with acts,which is precisely the proper meaning of the unity of the legal order,and also reflects the pursuit of the value orientation of criminal law towards a reasonable balance between information protection and information utilization.On this basis,interpretation of the"reasonable processing"standard should be at the level of both reasonable purpose and reasonable manner.On the one hand,the purpose of processing should be legitimate,legal and clear.On the other hand,the means of processing should be consonant with the legitimate expectations at the time of public information disclosure.Meanwhile,it must meet the requirements of appropriateness,necessity and balance in the principle of proportionality.
Keywords：publicly available personal informationreasonable processthe crime of infringing citizens'personal informationrelative unity of law and ordercirculation value
Publication Date：2025-03-15
Online Publishing Date：2025-08-15(First online date of this platform, not the publication date of the document)
Pages：9( 40-48 )