Abstract

Info

Keywords:: personal information; non-personal information; sensitive personal information; identification

Abstract:: “Identification” is the core and key element in the concept of personal information, serving as a link between the barrier layer of legal interests and the back layer of legal interests. The dilemma of identifying personal information in criminal law is reflected in the following three aspects: external identification, internal identification and systematic identification. The criteria for the identification of personal information should be established in conjunction with scenario theory. The clearer the purpose, stronger the ability, heavier the consequences, and higher the probability of identification, the greater the possibility of defining it as citizen personal information. Sensitive information in criminal law does not have to be subject to the same identification criteria as sensitive information in prior laws, and should be defined according to the degree of danger to the personal and property safety of the back layer of legal interests caused by the identification consequences.