关键词： 信息, 信息自决权, 刑事司法, 人格性权利, 隐私性权利, 隐私权, 个人信息权

Abstract: The right to self-determination of information is an independent personality right,which is different from the traditional privacy rights such as personal privacy and communication secrets.The Civil Code of China defines the independent right to personal information,and the Criminal Law stipulates the crime of infringing upon citizens' personal information.The duty of confidentiality and protection of personal information is stipulated in the field of criminal justice in our country.However,there still exists a lack of clear norms on the premise of interfering with the right to self-determination of information and the legal effect after illegal intervention,which not only carries the risk of infringing upon the rights of the accused,but also may lead to different opinions in judicial practice on the ability of evidence obtained by illegal intervention.If the police and judical organs interfere with the right to self-determination of information in the process of investigating crimes,they should follow the principles of legality,proportionality,last resort and security,adopt external examination and approval procedures,fulfill the obligation of notification,and promote the right holders to realize their right to inquire information.The investigation acts of illegal intervention should also be subject to procedural sanctions.

Key words: information, right to self-determination of information, criminal justice, qualified rights, privacy rights, rights of privacy, personal information right