On December 4, 2020, the 2nd Beijing Normal University Network and Artificial Intelligence Rule of Law Doctoral Student Forum was held simultaneously online and offline by Beijing Normal University Law School and Beijing Normal University Network and Intelligent Society Rule of Law Research Center. Liu Shuangyang, a PhD student of our school, was invited to attend and give a keynote speech.
The paper Criminal Regulation of Illegal Use of Personal Information under the Perspective of Data Compliance submitted by Shuangyang Liu received positive evaluation from the experts and scholars and was awarded as an excellent paper.
In his keynote speech, Dr. Shuangyang Liu pointed out that in the era of big data with deep information mining and application, the use value of personal information has become more and more prominent, and the problem of illegal use of personal information has intensified under the drive of profiteering. However, China's existing crime of infringement of citizens' personal information provides for the type of behavior limited to illegal acquisition, sale, and transfer of personal information on behalf of the provision of personal information, and does not include the illegal use of personal information in the scope of regulation, resulting in loopholes in criminal regulation. The illegal use of personal information is a serious infringement of legal interests, and in order to protect the legal interests of personal information in a comprehensive manner, the establishment of the crime of infringement of citizens' personal information should be extended from the illegal transfer link to the illegal use link. Specifically, China's criminal law should focus on data compliance, refer to the diversified ways of compliance use of personal information such as permitted use, anonymous use, reasonable use, etc., and learn from the precedent of overseas legislation to criminalize the illegal use of personal information, and under the premise of following the principle of modesty, the unlawful element of failure to obtain the consent of the information subject and the seriousness of the circumstances as a form of criminalization, and go down to the standard of reasonable effort. In addition, the criminal control boundary of illegal use of personal information is determined by identifying the superior interest exemption as the reason for the substantive criminalization under the scenario of reasonable expectation.
The research results of our master's and doctoral students have continuously won awards in academic forums and essay contests nationwide, mainly thanks to the fact that under the leadership and guidance of President Liu Yanhong, our institute relies on high-end think tank research institutions such as the People's Court Judicial Big Data Research Base, Southeast University Civil Prosecution Research Base, and Cybersecurity Rule of Law Research Center to innovate the Internet and big data, artificial intelligence, block In addition, the university has been guiding postgraduates in their academic research to respond to the social changes in the era of network intelligence, pay close attention to the development of science and technology, respond to the changes in social needs, and focus on shaping and cultivating postgraduates' scientific research and innovation ability to deal with the relationship between traditional legal theory and new issues in the era of science and technology. We also encourage graduate students to go out and participate in academic exchange activities to enhance the academic influence of Southeast Law.