


































Economics, Law and Policy 
ISSN 2576-2060 (Print) ISSN 2576-2052 (Online) 

Vol. 7, No. 3, 2024 

www.scholink.org/ojs/index.php/elp 

96 
 

Original Paper 

Criminal Regulation of Illegal Use of Citizens’ Personal 

Information 

Yanqiu Xiong
1*

 & Minna Qiu
2 

1
 The discipline inspection and supervision group of the Anqing City Discipline Inspection 

Commission in the Anqing Municipal People’s Congress, Anqing, China  

2
 Law School, Shantou University, Guangzhou, China 

 

Received: October 25, 2024   Accepted: November 8, 2024   Online Published: November 13, 2024 

doi:10.22158/elp.v7n3p96              URL: http://dx.doi.org/10.22158/elp.v7n3p96 

 

Abstract 

With the rapid development of information technology, the collection, storage, and use of citizens’ 

personal information have become increasingly convenient. At the same time, the illegal use of 

personal information has become rampant, seriously threatening personal privacy rights and social 

order. This paper aims to systematically explore the criminal regulation of illegal use of citizens’ 

personal information. It first defines the concept and classification of personal information, then 

analyzes the specific forms of illegal use of personal information. Through a comparative study of 

relevant laws and regulations domestically and internationally, it reveals the effectiveness and 

deficiencies of current criminal regulations in protecting personal information. The research finds that 

although China has made progress in personal information protection legislation, there are still 

significant shortcomings in defining criminal liability, clarifying the application of laws, and enforcing 

regulations. Based on this, the paper proposes several recommendations to improve criminal 

regulation, including clarifying the constitutive elements of crimes, strengthening law enforcement, 

enhancing public awareness, and promoting international cooperation, with the aim of providing 

theoretical support and practical guidance for further improving China’s legal system for personal 

information protection. 

Keywords 

Illegal use, citizens’ personal information, criminal regulation, legal liability 

 

 

 

 



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1. Introduction 

In the context of the information age, the collection, storage, and utilization of personal information 

have become an integral part of societal operations. With the rapid development of the internet, big 

data, and artificial intelligence technologies, the acquisition of citizens’ personal information has 

become unprecedentedly convenient. However, the rapid progress of information technology has also 

posed severe challenges, as the illegal use of citizens’ personal information has become rampant, 

seriously infringing upon personal privacy, undermining social trust, and even threatening national 

security and social stability. In recent years, various cases of personal information leaks and misuse 

have frequently occurred, significantly raising public awareness of personal information protection. 

Against this backdrop, effectively curbing the illegal use of personal information has become an urgent 

legal issue. Criminal regulation, as an essential means for the state to combat crime and maintain social 

order, plays an increasingly prominent role in protecting personal information. However, the current 

criminal law still faces numerous inadequacies in addressing new types of information crimes, 

necessitating further refinement and strengthening. This study aims to systematically explore the 

criminal regulation of illegal use of citizens’ personal information by reviewing and analyzing relevant 

laws and regulations, revealing the application of existing criminal laws in personal information 

protection and their deficiencies (Zhang & Dong, 2023, p. 64). The specific objectives include defining 

the legal concept and classification of personal information, clarifying the specific forms of illegal use 

of personal information, conducting a comparative analysis of domestic and international legal 

provisions on personal information protection to draw on advanced experiences, and proposing feasible 

recommendations to address the shortcomings of current criminal regulation. The significance of this 

research lies in providing theoretical support for improving China’s legal system for personal 

information protection, promoting scientific and systematic legislation, and offering references for law 

enforcement practices to enhance the effectiveness of combating the illegal use of personal information 

and ultimately safeguarding citizens’ legitimate rights and interests, as well as maintaining social 

justice and fairness. This research primarily adopts a combination of literature analysis, comparative 

study, and case analysis methods. First, it systematically reviews domestic and international laws and 

regulations on personal information protection and relevant academic studies to construct the 

theoretical framework for this research. Next, it selects representative countries and regions, such as the 

European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy 

Act (CCPA) in the United States, for comparative analysis, drawing on their advanced experiences and 

practices in criminal regulation. Subsequently, it examines several typical cases to analyze the 

determination of criminal liability and the practical issues in applying the law to the illegal use of 

personal information. Finally, based on the research findings, it proposes specific recommendations to 

improve China’s criminal regulation of the illegal use of personal information. Through these methods, 

the study seeks to comprehensively and systematically explore the criminal regulation of illegal use of 

citizens’ personal information, providing valuable references for relevant legislation and law 



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enforcement practices (Chang, 2023, pp. 19-26). 

 

2. Conceptual Definitions and Theoretical Basis 

Before discussing the criminal regulation of illegal use of citizens’ personal information, it is necessary 

to clearly define relevant concepts and construct the theoretical basis for the research. This chapter first 

defines personal information and its classification, then clarifies the specific forms of illegal use of 

personal information, and finally explores the theoretical basis for criminal regulation to provide a solid 

foundation for subsequent legal analysis (Petrović, 2022, pp. 469-489).  

2.1 Definition and Classification of Personal Information 

Personal information refers to various information recorded by electronic or other means that can 

identify a natural person either individually or in combination with other information. According to the 

Personal Information Protection Law of the People’s Republic of China, personal information includes 

but is not limited to names, dates of birth, identification numbers, personal biometric information, 

addresses, phone numbers, and email addresses (Petrović, 2022, pp. 469-489). Protecting personal 

information is crucial for safeguarding citizens’ privacy rights and personal dignity. Personal 

information can be categorized based on its sensitivity and potential impact on personal rights. 

Generally, personal information is divided into two categories: sensitive information and non-sensitive 

information. Sensitive information refers to information that, if leaked or misused, may severely harm a 

person’s privacy, reputation, or financial interests, such as biometric data, religious beliefs, genetic 

information, medical and health data, and financial account information (Giannakoula, Dafni & Maria, 

2020, pp. 1-97). Due to its high sensitivity, the collection, storage, and use of sensitive information are 

subject to stricter legal restrictions and protections. Non-sensitive information refers to basic 

information that relatively does not involve core personal privacy, such as names, ages, genders, 

addresses, and phone numbers. Although the protection requirements for non-sensitive information are 

relatively relaxed, its legitimate use and misuse prevention remain crucial aspects of information 

protection, especially in the age of big data, where the combination of such data with other information 

can still pose privacy risks. Therefore, safeguarding the legitimate use and preventing the misuse of 

even non-sensitive information is an important part of comprehensive information protection (Tong, 

2023, p. 110). 

2.2 Defining Illegal Use of Personal Information 

The illegal use of personal information primarily includes unauthorized acquisition, illegal sale, illegal 

dissemination, and other related unlawful activities. These behaviors not only infringe upon individual 

privacy but can also lead to financial loss, identity theft, and even pose threats to public security. 

Unauthorized acquisition refers to the unauthorized collection, acquisition, purchase, use, processing, 

transmission, provision, or public disclosure of others’ personal information beyond the scope of 

legitimate authorization (Oliinyk et al., 2020, pp. 445-459). Methods for illegally obtaining personal 

information are diverse, including network attacks, phishing scams, and insider leaks. Illegal sale 



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involves selling acquired personal information in any form for profit. This behavior infringes on the 

rights of information subjects and promotes the illegal trade of personal information, further 

exacerbating the problem of information misuse. Illegal dissemination is the unauthorized disclosure, 

dissemination, public sharing, or posting of others’ personal information on online platforms. This not 

only broadens the scope of information leakage but can also trigger larger-scale privacy violations and 

social panic. Other related behaviors include using personal information for fraud, extortion, 

harassment, and identity theft, which often have high degrees of concealment and complexity, posing 

significant challenges to regulatory and enforcement efforts (Oliinyk et al., 2020, pp. 445-459). 

2.3 Theoretical Basis for Criminal Regulation 

Criminal regulation of the illegal use of personal information relies on a range of legal theories that 

guide legislation and enforcement. The legal protection theory emphasizes that the core function of the 

law is to protect public interests and individual legal rights. Personal information, as an important 

social resource, relates not only to individual privacy and dignity but also to social trust and public 

security. Therefore, criminal regulation reflects the law’s firm commitment to safeguarding the rights 

and interests of information subjects (Zhao, 2023, p. 674). The crime prevention theory focuses on 

preventing crimes through legal means. By imposing criminal penalties for the illegal use of personal 

information, the law serves as a deterrent, reducing potential offenders’ motivations and behaviors. 

Stringent criminal regulations also promote the lawful use of information and contribute to healthy 

social information order. The accountability theory highlights the identification and accountability of 

unlawful behavior. Criminal regulation not only punishes illegal acts but also holds perpetrators 

accountable, reinforcing the authority and fairness of the law, and enhancing public trust and 

confidence in legal enforcement. In summary, defining personal information and its classification, 

clarifying the specific forms of illegal use of personal information, and constructing the theoretical 

basis for criminal regulation are essential for in-depth research on criminal regulation. These theories 

and clearly defined concepts provide a solid foundation for subsequent legal analyses and policy 

recommendations (Zhu & Song, 2022). 

 

3. Domestic and International Legal Provisions on the Illegal Use of Personal Information 

With the rapid development of information technology, personal information protection has become a 

global focal point. Internationally, the European Union enacted the General Data Protection Regulation 

(GDPR) in 2018, which is currently the most comprehensive and stringent data protection law. The 

GDPR grants broad rights to data subjects, such as the right to be informed, the right to access, and the 

right to erasure, while imposing strict compliance requirements on data processors. Violations may 

result in hefty fines of up to 4% of the global annual turnover or 20 million euros, whichever is higher. 

Additionally, in 2020, California implemented the California Consumer Privacy Act (CCPA), which 

provides consumers with more control over their personal information and regulates corporate data 

processing practices, with significant penalties for noncompliance. In comparison, China has also made 



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significant progress in personal information protection. The enactment of the Personal Information 

Protection Law (PIPL) in 2021 systematically regulates the collection, storage, use, and transfer of 

personal information, clarifies the rights of data subjects and the obligations of data processors, and 

establishes strict legal liabilities, including administrative and criminal responsibilities. The 

introduction of PIPL marks China’s entry into a new stage of legalized and standardized personal 

information protection (Pang, 2021, pp. 1-12). Nevertheless, compared with advanced regulations like 

the GDPR, China still has room for improvement in implementing mechanisms for data subject rights, 

regulating cross-border data transfers, and refining criminal responsibilities. Comparative analysis 

reveals that international regulations have higher standards for data protection systems and enforcement, 

while China’s legal framework is gradually closing the gap. In the future, China can draw on the 

successful experience of the GDPR to further refine legal provisions, enhance enforceability, and 

ensure the effective implementation of personal information protection laws, thereby playing a more 

significant role in global data governance. 

 

4. Analysis of Criminal Liability for the Illegal Use of Personal Information 

The illegal use of personal information not only infringes upon individual privacy rights but also poses 

a threat to public security and economic order. Analyzing the criminal liability of such behavior helps 

clarify legal boundaries, strengthen legal deterrence, and protect citizens’ legitimate rights. This 

chapter analyzes criminal liability from three aspects: the constitutive elements of criminal liability, 

existing legal provisions and their application, and the issues and challenges in law enforcement. First, 

the constitutive elements of criminal liability include subject elements, object elements, subjective 

elements, and act elements. Subject elements require that the criminal act be committed by a natural 

person with criminal responsibility capacity, meaning the person must have full civil capacity and 

corresponding criminal responsibility capacity (Shanshan & Tao, 2022, pp. 64-71). Object elements 

involve the legal interest protected by law, primarily focusing on individual privacy and information 

security in cases of illegal use of personal information. Subjective elements include intent and 

negligence, with most illegal uses of personal information being intentional acts where the perpetrator 

knowingly violates others’ rights. Act elements refer to the specific acts of the offender, such as 

unauthorized acquisition, sale, or dissemination of others’ personal information. Second, current legal 

provisions on the illegal use of personal information are primarily reflected in the Criminal Law of the 

People’s Republic of China and the Personal Information Protection Law. Article 253 of the Criminal 

Law specifies the crime of infringing on citizens’ personal information, criminalizing the unauthorized 

acquisition, sale, or provision of personal information, with a maximum penalty of three years’ 

imprisonment or detention, and fines. In severe cases, such as acquiring large amounts of personal 

information or causing significant harm, penalties can be further increased. Additionally, Article 285(1) 

addresses crimes involving unauthorized acquisition, deletion, alteration, or addition of data in 

computer systems through technical means, with a maximum penalty of five years' imprisonment or 



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detention, and fines. The Personal Information Protection Law supplements and enhances the Criminal 

Law’s shortcomings in personal information protection through strict administrative and civil liabilities, 

strengthening comprehensive legal protection. However, there are many issues and challenges in law 

enforcement. First, the ambiguity of legal provisions makes it difficult to define ―illegal use‖ clearly in 

judicial practice, complicating enforcement and adjudication. Second, with the continuous development 

of information technology, new criminal methods emerge frequently, and existing laws lag in 

addressing complex and evolving illegal activities. Additionally, obtaining and recognizing evidence is 

particularly challenging, especially concerning cross-border data flows and anonymized information, 

posing both technical and legal challenges to law enforcement agencies. Finally, the deterrent effect 

and consistent application of penalties need further strengthening to ensure fairness and effectiveness in 

law enforcement. In summary, the analysis of criminal liability for the illegal use of personal 

information demonstrates that while China has established an initial legal framework, further 

improvement and strengthening in specific application and enforcement processes are needed. 

Clarifying the constitutive elements of criminal liability, refining legal provisions, and enhancing law 

enforcement and judicial capabilities can more effectively combat the illegal use of personal 

information, protect citizens’ legitimate rights, and uphold social justice and fairness. 

 

5. Challenges and Issues in Criminal Regulation 

Although China has made progress in criminal regulation of the illegal use of personal information, 

various challenges remain in its practical implementation, necessitating further measures to improve 

the effectiveness and deterrent power of the law. First, legislative issues are mainly reflected in the 

ambiguity and incompleteness of legal provisions. Current laws, such as the Criminal Law and the 

Personal Information Protection Law, lack detailed definitions of illegal use behaviors, leading to 

potential discrepancies in judicial interpretation. For example, the specific scope and boundaries of 

―illegal use‖ are not clearly defined, leaving discretion for law enforcement agencies in identifying 

criminal behavior. Moreover, the rapid evolution of information technology has given rise to new 

forms of personal information crime, which current laws are not well-equipped to address, 

necessitating legislative amendments or supplementary legislation. Second, law enforcement issues are 

characterized by insufficient enforcement efforts and limited resources. The hidden and technical 

nature of personal information crimes poses challenges for law enforcement agencies in investigation 

and evidence collection. Current human, technical, and financial resources in relevant enforcement 

departments are relatively limited, making it difficult to address increasingly complex information 

crimes. Additionally, law enforcement personnel require enhanced training in professional knowledge 

and skills to improve their ability to identify and combat illegal use of personal information. Third, 

challenges arising from technology and societal development cannot be ignored. The rapid 

advancement of technologies, such as big data, artificial intelligence, and blockchain, has greatly 

increased the complexity of personal information protection. Criminals use sophisticated technological 



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means for data theft, encrypted transmission, and anonymous transactions, posing significant 

challenges for law enforcement. Moreover, the widespread flow of cross-border data makes 

international cooperation essential in combating personal information crimes, but differences in legal 

systems and enforcement standards among countries hinder effective cooperation. Fourth, insufficient 

legal responsibility and penalties remain a prominent issue. While the Criminal Law and the Personal 

Information Protection Law stipulate criminal liability for the illegal use of personal information, in 

practice, the deterrent effect and consistent application of penalties need strengthening. On one hand, 

existing penalties and sentencing standards may not cover all serious illegal activities, resulting in some 

offenses not being properly punished; on the other hand, inconsistencies in sentencing and enforcement 

across regions and agencies weaken the law’s unity and authority. Finally, insufficient public 

awareness and social participation pose a challenge in criminal regulation. Despite the continuous 

improvement of laws on personal information protection, public awareness and self-protection 

capabilities remain weak. Many citizens do not prioritize personal information protection in their daily 

lives, making them vulnerable to information leaks and misuse. Furthermore, effective reporting 

channels and legal support for citizens who discover illegal use of their personal information are often 

lacking, hindering timely detection and resolution of related cases. In summary, the criminal regulation 

of illegal use of personal information faces numerous challenges in legislation, law enforcement, 

technological adaptation, international cooperation, and public engagement. To enhance the 

effectiveness of criminal regulation, it is necessary to improve legal provisions, strengthen enforcement 

capabilities, promote collaboration between technology and law, facilitate international cooperation, 

and raise public awareness and participation, thereby building a multi-layered, multidimensional 

personal information protection system that effectively curbs illegal activities and safeguards citizens’ 

rights and social stability. 

 

6. Recommendations for Improving Criminal Regulation 

To address the issues and challenges in criminal regulation of the illegal use of citizens’ personal 

information, this paper offers the following recommendations to enhance the effectiveness and 

deterrence of the law and fully protect citizens’ legitimate rights. 1) improve legal provisions by 

clarifying the specific behaviors and liabilities associated with the illegal use of personal information. 

Current laws have some vague definitions and ambiguous scopes, which can lead to differing 

interpretations in enforcement. It is recommended that legislators provide more detailed definitions for 

behaviors such as ―unauthorized acquisition,‖ ―illegal sale,‖ and ―illegal dissemination‖ and specify 

penalties for varying degrees of offense. Additionally, to keep pace with technology, laws should be 

revised and supplemented to address emerging information crimes, such as big data misuse and 

AI-driven privacy intrusions. 2) strengthen enforcement and build enforcement capacity. Crimes 

involving the illegal use of personal information are often concealed and technically complex, 

necessitating skilled technical personnel and advanced tools for investigation and evidence collection. 



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Increased funding and resources for law enforcement departments are recommended to improve their 

ability to handle complex information crimes. Moreover, establishing cross-departmental and 

cross-regional cooperation mechanisms, enhancing information sharing, and conducting joint actions 

are essential to creating a coordinated effort to combat the illegal use of personal information. 3) 

promote collaboration between technology and law. Using advanced technology, such as blockchain, 

artificial intelligence, and big data analysis, can improve the monitoring and management of personal 

information flows. It is recommended to establish intelligent monitoring systems for real-time detection 

and alerts of illegal information use, enabling timely intervention. In addition, the development and 

application of privacy protection technologies, such as data encryption and anonymization, should be 

encouraged to reduce the risk of personal information leaks during storage and transmission. 4) 

strengthen international cooperation and legal coordination. As cross-border data flows become more 

frequent, a single country’s legal measures alone cannot effectively address international information 

crimes. China should actively participate in the formulation and revision of international data 

protection regulations and promote information-sharing and enforcement cooperation mechanisms with 

major countries and regions to jointly combat international information crimes. Bilateral or multilateral 

data protection agreements should be signed to ensure the legality and security of cross-border data 

transfers. 5) raise public awareness and encourage social participation. The effective implementation of 

the law relies on public understanding and support. It is recommended to promote personal information 

protection through various channels, enhancing citizens’ privacy awareness and self-protection abilities. 

Additionally, the public should be encouraged to participate in monitoring information protection, with 

convenient reporting mechanisms established for promptly identifying and exposing illegal information 

use. Government and social organizations should jointly conduct training and educational activities to 

increase public awareness and understanding of personal information protection laws. 6) improve 

liability and penalty mechanisms. To enhance the deterrence of the law, the establishment of stricter 

penalties and liability standards is recommended to ensure sufficient punishment for illegal use of 

personal information. Laws should provide for harsher penalties, such as increasing maximum prison 

sentences and fine amounts, especially for cases with severe consequences. Ensuring consistency and 

fairness in penalties is also essential to prevent discrepancies in law enforcement across regions and 

departments, thereby upholding the law’s unity and authority. In conclusion, by refining legal 

provisions, strengthening enforcement, promoting technological collaboration, enhancing international 

cooperation, raising public awareness, and improving penalty mechanisms, China can effectively 

elevate the criminal regulation of illegal use of personal information. This approach will build a more 

comprehensive and efficient personal information protection system, fully safeguard citizens’ privacy 

rights and information security, and contribute to societal harmony and stability. 

 

 

 



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7. Conclusion 

This paper systematically explores the issue of criminal regulation on the illegal use of citizens’ 

personal information. It first defines personal information and its classification, analyzes specific forms 

of illegal use, and compares relevant domestic and international laws, revealing the current status and 

shortcomings of China’s criminal regulation. The study finds that, although the Personal Information 

Protection Law (PIPL) and related criminal laws provide a legal foundation for combating the illegal 

use of personal information, significant gaps remain in the refinement of legislation, enforcement 

efforts, technological responses, and cross-border cooperation. These issues manifest in vague legal 

provisions, limited enforcement resources, challenges in addressing emerging information crimes, and 

low public awareness of protection. In response to these issues, this paper offers several 

recommendations for improving criminal regulation, including clarifying legal definitions and penalties, 

building enforcement capacity, promoting the integration of technology with law, strengthening 

international cooperation, and raising public awareness. These measures aim to establish a more 

effective and efficient personal information protection system, enhancing the deterrence and 

enforceability of the law and fully safeguarding citizens’ privacy and information security. In summary, 

enhancing criminal regulation of illegal use of personal information is not only essential for protecting 

citizens’ rights but also crucial for fostering a healthy digital society. In the future, a coordinated effort 

across legislation, enforcement, technology, and public engagement will be necessary to continuously 

improve the level of personal information protection, ensuring that the legal system keeps pace with 

technological advancements, thereby promoting social justice and information security. 

 

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