BEIJING, May 10 (Xinhua) (Tang Qi) what is “personal information of citizens”? How is it illegal to “provide personal information of citizens”? How can I be convicted and sentenced for violating citizens’ personal information?
On the morning of the 9th, the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the Interpretation on Several Issues concerning the application of law in handling criminal cases of infringement of citizens’ personal information in Beijing, giving answers to the above questions.
The picture shows the scene of the press conference. Photo taken by Tang Qi
What is “personal information of citizens”?
According to one of the provisions of one hundred and fifty-three articles of the criminal law, selling or providing personal information of citizens to others in violation of the relevant provisions of the state, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or imposed alone; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall be fined.
So, which information belongs to “personal information of citizens”?
At the press conference, Yan Maokun, director of the supreme law Research Office, said, “personal information of citizens”, including identification information and activity information.
Specifically, the first article of this interpretation makes it clear that the “personal information of citizens” stipulated in one of the two hundred and fifty-three articles of the criminal law “, it refers to all kinds of information recorded by electronic or other means that can identify the identity of a specific natural person alone or in combination with other information or reflect the activities of a specific natural person, including name, ID number, communication contact information, address, account password, property status, whereabouts, etc.
Data Map: Guangdong Maoming police destroyed a criminal gang involved in electric fraud in 12 cities in 5 provinces. Yellow Sea Cherry photo
What is illegal “providing personal information of citizens”?
According to the situation of judicial practice, Article 3 of the interpretation further clarifies the determination of illegal “providing personal information of citizens.
— Identification of “offering”
At the press conference, Yan Maokun said that in the case of “human flesh search”, the actor made his identity, photo, name, life details and other personal information public without the consent of the obligee, it affects its normal work and life order and is seriously harmful. What’s more, some actors maliciously use leaked personal information to carry out various illegal and criminal activities.
Yan Maokun said that publishing through information network or other means actually provides personal information of citizens to unspecified people, and the act of providing personal information of citizens to specific people belongs to “providing”, based on the legal principle of “light weight”, the former should be regarded as “providing”.
Based on this, article 3 of the interpretation stipulates that providing personal information of citizens to specific persons and publishing personal information of citizens through information networks or other channels, it should be identified as “providing personal information of citizens” stipulated in one of Article 253 of the criminal law “.
— Identification of illegal provision after legally collecting personal information of citizens
According to the provisions of the cyber security law, obtaining the consent of the collector and doing anonymous treatment (excluding personal Association) are two situations that legally provide citizens’ personal information.
Based on this, article 3 of the interpretation stipulates that if the legally collected personal information of citizens is provided to others without the consent of the collector, it belongs to “providing personal information of citizens” stipulated in one of the two hundred and fifty-three articles of the criminal law, except that specific individuals cannot be identified and cannot be recovered after processing.
Data Map: Guangdong police successfully destroyed several telecom network fraud criminal gangs. Police figure
How can I be convicted and sentenced for violating citizens’ personal information?
In view of the provisions of one of the two hundred and fifty-three articles of the criminal law mentioned above, the interpretation explains the “serious circumstances” and “particularly serious circumstances.
— Illegal sale of citizens’ personal information can be criminalized if the profit is more than 5,000 yuan
Article 5 of the interpretation clearly states that illegal acquisition, sale or provision of personal information of citizens under the following circumstances shall be deemed as “serious circumstances” stipulated in one of Article 53 of the criminal law “.
These situations include illegal acquisition, sale or provision of more than 50 pieces of trace information, communication content, credit information and property information; Illegal acquisition, sale or provision of accommodation information, communication records, health physiological information, transaction information and other citizens’ personal information that may affect personal and property safety is more than 500 pieces; Illegal income is more than 5,000 yuan, etc.
-Infringement of citizens’ personal information can be sentenced to a maximum of 7 years.
The interpretation also makes clear the criteria for determining the crime of infringing citizens’ personal information “the circumstances are particularly serious”, that is, the applicable standards for the sentencing grade of “being sentenced to fixed-term imprisonment of more than three years and less than seven years.
It mainly involves the following two aspects: first, the quantity standard. According to different information types, illegal acquisition, sale or provision of citizens’ personal information “more than 500 pieces”, “more than 5,000 pieces” and “more than 50,000 pieces”, or illegal income of more than 50,000 yuan, that is, the circumstances are particularly serious “. The second is serious consequences. The interpretation stipulates “causing serious consequences such as death, serious injury, mental disorder or kidnapping of the victim” and “causing significant economic losses or adverse social impacts” as “The circumstances are particularly serious”.
Data Picture: Yunnan telecom fraud suspect was arrested. Money Smart Photo
— How to judge illegal purchase of citizens’ personal information for advertising?
From the perspective of practice, illegal purchase and receiving of citizens’ personal information to engage in advertising and other activities are more common. In order to implement the criminal policy of combining punishment with leniency, article 6 of the interpretation sets the standards of incrimination specifically for this situation.
According to judicial interpretation, if the personal information of citizens other than sensitive information is illegally purchased or received for legal business activities under any of the following circumstances, it shall be deemed as “serious circumstances”:(1) making profits of more than 50,000 yuan by using the personal information of citizens illegally purchased or received;(2) having received criminal punishment or administrative punishment within two years for infringing the personal information of citizens, having illegally purchased, accepting personal information of citizens;(3) other serious circumstances.
— What circumstances can be lenient punishment?
In addition, Yan Maokun said that the interpretation also clarified the traitement indulgent rules for guilty pleading and punishment for crimes against citizens’ personal information, in order to give full play to the deterrent and educational functions of criminal law, urge the criminal who violates citizens’ personal information to confess and repent actively.
Article 10 of the interpretation clearly states that the crime of infringing citizens’ personal information does not belong to “The circumstances are particularly serious”. The actor is the first criminal, and all the stolen goods are returned, and there is indeed a manifestation of repentance, it can be identified as a minor case, without prosecution or exemption from criminal punishment; If it is really necessary to impose a penalty, it should be lenient.
Data Picture: Guangdong Maoming police seized some items of telecom fraud. Yellow Sea Cherry photo
How can network operators be convicted of disclosing personal information?
Yan Maokun introduced that at present, many network operators hold a large amount of personal information of citizens because of the need to perform their duties or provide services. Once this information is leaked, it will cause bad social impact and serious harmful consequences.
In this regard, the cyber security law defines the subject of responsibility for network information security and establishes the basic principle of “who collects and who is responsible. Among them, Article 40 clearly stipulates that network operators shall strictly keep confidential the user information they collect and establish and perfect the user information protection system.
In order to further urge network service providers to effectively fulfill their personal information security protection obligations, Article 9 of the interpretation stipulates that network service providers refuse to fulfill their information network security management obligations stipulated by laws and administrative regulations, if the supervision department orders to take corrective measures and refuses to correct them, resulting in the disclosure of users’ personal information of citizens and causing serious consequences, it shall be in accordance with the provisions of one hundred and eighty-six th article of the criminal law, conviction and punishment for refusing to fulfill the obligation of information network security management.
It is reported that the judicial interpretation will come into force on June 1, 2017.
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zhongxin.com, Beijing, May 10 (Tang Qi) what is “personal information of citizens”? How is it illegal to “provide personal information of citizens”? How can I be convicted and sentenced for violating citizens’ personal information? On the morning of the 9th, the Supreme People’s Court and the Supreme People’s inspection