关键词: 个人信息, 刑法, 犯罪构成要件, 大数据, 法益

Abstract: How to form a perfect protection of personal information under the criminal law system is a difficult problem. Even if Article 253 of the Criminal Law and the latest judicial interpretation further stipulate the crime of infringing citizens personal information, it does not play a better role in suppressing citizens personal information crime. The object of personal information criminal law protection is “citizen rights” or personal information itself is still inconclusive. Although personal information protection has been criminalized in criminal law, due to its own controversy and the impact of the era of big data under the rapid development of the Internet, the criminalization of personal information protection has entered a difficult situation. In view of the relevant provisions in this interpretation, combined with the controversial issues in theory and practice, it is necessary to consider the nature of the “personal information” to be protected, thus breaking through the predicament of personal information protection.

Key words: personal information, criminal law, criminal elements, big data, legal benefits