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| The Criminal Law Regulation Concerning the #br#
Abuse of Positioning Technology |
| Gong Shanshan |
| School of Law, Southeast University, Nanjing 211189, China |
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Abstract The theory and practice of the criminal law regulation about the abuse of positioning technology are hierarchical and crosscutting. Although the development of science and technology and the dividend of data make it difficult to regulate the legal acquisition but abuse of personal location information, the law does need to play its role. Yet the lag of understanding the concept of the right to privacy in the data age leads in the academic community to the creation of new rights of personal information, which, however, can only be protected in principle. So, to solve the problem, the criminal law must go out of the regulation logic of “restricted transfer” of personal information and protect personal information at various stages according to the types of rights. The legal interest of the crime of infringing upon personal information is the right to privacy. Personal location information can outline ones personal life, and once abused, great damage can be done to the person. So the act of abusing personal location information should be regulated by the criminal law from the view of evaluating the legal interests and balancing the stability and practicability, but in practice it should be guided by the principle of necessity.
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