The intermediary phone calls the owner to be unable to disturb. How does the listing information be sold?｜ 9:30 tonight

Commercial housing information without labeled real -name

Do not belong to the category category of citizens who are not protected by criminal law?

Facing the defendant and his defender's justification

Prosecutors lock criminal facts with strong evidence

Native

In recent years, in response to the situation of violations of citizens' personal information in the era of big data, it has been susceptible to various crimes and caused various crimes. Not long ago, the 34th batch of guiding cases released by the Citizen's personal information case was selected by the Citizens' personal information cases in the Shanghai Procuratorate of Shanghai.

The owner's listing information is sold

"Hello! Did you sell your house in the XX neighborhood? We can help list." "Recently, the new property market regulations have been released, do your house still sell?" However, these people who claim to be a house intermediary have never been contacted and commissioned. What is going on?

In January 2016, Kemou, an operator of an information technology Co., Ltd., developed and operated the "Fangli Gang" website and the same name APP to sell the information of the second -hand housing rental housing in Shanghai. During the operation, Kemou used cash to motivate the real owner's listing information to seduce the registered member of the real estate intermediary personnel (another case) and provide information to the website in batches. , Owner's name, telephone, and other non -public content information.

However, when the above -mentioned real estate intermediaries uploaded information, the owner's consent or authorization did not sign. After the information was uploaded, Ke arranged for employees to contain real estate agencies to contact the owner to verify one by one, and provided the real and effective information in the form of a member package to the website members to pay for inquiry and use.

Zhao Wenhua said that the membership package of the "Fangli Gang" platform is divided into four gear, which is valid for 30 days. The monthly average of more than 2,000 people paid the purchase information on the platform, and Kemou's illegal profit reached more than 1.5 million yuan.

When investigating a case of violations of the personal information of citizens, the Jinshan Branch of the Shanghai Public Security Bureau found that some information that the suspect was illegally sold was purchased from the "Fangli Gang" website, and he filed a case for Kemou.

From massive electronic data

Accurately identify the facts of crime

Prosecutors conduct analysis and judgment on the dispute points of the case

"After getting the transferred dossiers, we found that the background of the background of Ke Mou's background in the background of the company was mass and authentic." Although it has been a few years, Zhao Wenhua said that the case still remember clearly. He said that after reviewing the case, they promptly suggested that the public security organs combined with the information nature and the platform business model, continued to obtain evidence from both aspects of electronic data and words and evidence. The accurate amount of personal information.

"When reviewing the investigating agency from the" Fangli Gang "the owner's house data extracted in a third -party database, we found that although some data have different naming methods, they still belong to the same listing information, such as a community and a certain road and a certain number. In fact, it is the same address, which brings the question of how to screen and go heavy to existing data. "Zhao Wenhua recalled that when calculating the data, the procuratorial organs always use the information involved in the case." The activity of natural persons "is the standard. By accurately refining key identification elements, it will remove blur, invalid and repeated information, and finally determine the number of valid information from more than 410,000 owners' listing data. Subsequently, the procuratorial organs filed a public prosecution against Kemou on suspicion of violating the personal information of citizens.

The key element of defining citizen personal information

In court, Kemou and his defenders objected to the nature of the owner's house information. They believed that housing information was commercial information for real estate transactions, and some information did not have the real name of the owner. Ke's behavior constitutes the crime of violating the personal information of citizens.

Does the commercial housing information that has not been labeled in the real name belongs to the citizenship category protection of criminal law? According to Zhao Wenhua, the "two highs" in 2017 released the "Explanation of Several Issues on Criminal Criminal Cases of Citizen Information", which clarified the conceptual expression and scope of the "citizen personal information". It belongs to the key element of citizen's personal information category.

"In this case, the key content of the owner's housing information is the real estate house number and the owner phone. Even if the owner's real name is not marked, the combination of the precise geographical positioning of the real estate and the combination of the mobile phone number is enough to identify the specific identity of a specific natural person, that is, the owner of the house. The defender emphasizes the commercial functions of housing information, but this does not deny the nature of the owner's housing information belongs to the nature of the citizen's personal information. "Zhao Wenhua said.

Super -range use of limited public information

Take responsibility

Focusing on the use of housing information, the defender proposed that the information obtained by the website was mostly information that the owner took the initiative to disclose the real estate agency in the early stage, and it was not authorized to be authorized to be obtained separately. And housing information is mainly sold to real estate intermediaries, which promotes real estate transactions and meets the wishes and interests of the owners.

In this regard, the procuratorate believes that the owner provides names, telephones, etc. when commissioning real estate agencies, in order to contacted when providing services for real estate agencies, and cannot be regarded as an unlimited disclosure of the owner's consent or authorized intermediary to the society. Through a random investigation of the owner, it also confirmed that the website involved did not really engage in real estate intermediary business, but the above information was sold for profit without knowing and unauthorized situations. Regardless of information acquisition or subsequent use, Kemou violated the wishes of the owner, and could not prevent the risk of communication generated by information payment and sale, which seriously violated the security of personal information of citizens. On December 31, 2019, the Jinshan District Court made a verdict, adopting the criminal facts and opinions accused by the Jinshan District Procuratorate, sentenced to three years in prison, four years in prison, and fined 1.6 million yuan.

According to Xu Yazhi, director of the first procuratorial department of the Procuratorate of Jinshan District, in the era of big data, conflicts and collisions will inevitably occur between data interaction circulation and personal information protection. Data circulation. Therefore, when dealing with relevant cases, procuratorial organs must fully consider the value balance between citizens' personal information rights and information and data circulation, accurately distinguish sin, non -crime, and crimes. Actively guide enterprises and society to enhance the awareness of the rule of law, and regulate the value and benefits contained in information data in accordance with the law. "

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