关键词: APP, 侵犯公民个人信息罪, 知情同意, 个人信息保护, 非法获取, 刑法规制

Abstract: The natural attribute of APP，with opposing dual functional orientations，makes the game of personal information protection and utilization ever more obvious. Therefore，a balance between them should be maintained. Malicious APPs and unauthorized APPs，without users’consent and in the case of meeting other requirements，constitute the crime of infringing citizens’personal information. Formatted authorization and the“either you accept or you leave”type of authorization to provide services that are not essential to people’s livelihood do not affect the validity of users’consent；the“either you accept or you leave”type of authorization to provide services that are not essential to people’s livelihood is enough to suppress users’freedom of will，and the consent is invalid. After the consent is withdrawn，the APP operator’s refusal to stop processing information is an“unauthorized”situation；the broad sense of “acquisition”includes the initial action of obtaining information and the subsequent behavior of holding it.Hence，the APP operator’s behavior of refusing users’deletion application and continuing to hold information is“illegal acquisition.”In order to avoid the excessive expansion of the radius of criminal evaluation and the excessive use of criminal sanctions，while stressing the application of the crime of infringing citizens’personal information，attention should also be paid to the causes of criminalization，including the processing of anonymized information，the informed consent of users，the processing of open information，and the maintenance of public interests.

Key words: APP, crime of infringing personal information, informed consent, personal information protection, illegal acquisition, criminal law regulation