The industry committee announced the indictment in the public account.

Citizens' names, birthdays, telephones, address, and ID numbers are private information. During the prosecution, the plaintiff actively provided the court with the above personal information on the prosecution, which means that they agree to the disclosure of personal information? Recently, the owner of the People's Court of the Lizhou District of Ningbo City, Zhejiang Province sued the owner of the owner to sue the industry committee to violate the privacy dispute, and responded to this.

A community of Ningbo Community was sued by four community owners for disputes over the owner of the owner. After receiving the civil prosecution of the civil prosecution from the court, the community industry committee will put the lawsuit and hire a lawyer's WeChat public account on the WeChat public account of the industry committee. The publicity was issued, and at the same time, the civil prosecution was sent to the public account. The personal information on the indictment included the name of the four owners, the year of birth, ID number, residence place, phone number, etc. No cover treatment.

After the four owners discovered, they believed that the industry committee announced their personal information to the Internet and violated their privacy. Then they sued the court to ask the industry committee to apologize and compensate for spiritual loss.

During the trial, the defendant's industry committee replied that the personal information recorded in the civil prosecution was the content that the plaintiff had chosen when the court filed a lawsuit in the court, which was not the category of privacy protection; In order to ensure the performance of the owner's right to know the right, there is no intention of infringement, no fault, and does not constitute an infringement of the privacy of the plaintiff.

After trial of the Dazhou District Court, personal information such as ID numbers, birthdays, residences, and phone numbers recorded in the civil prosecution is sensitive information, which is associated with the personal life of the parties. Property safety is a private information and is included in the protection of privacy. The object of the four owners submitted a civil indictment was the people's court. The object of sending was the relevant parties of the case. Submitting the civil prosecution state did not mean that they agreed to disclose personal information or agree with others to disclose their personal information. The defendant published a civil indictment that did not cover the personal information on the WeChat public account. There was a fault, which objectively caused the plaintiff's personal information and constituted an infringement of privacy. The defendant announced on the WeChat public account that although the civil prosecution was performed, the performance of the duties should also be based on the legal basis, and it cannot be exempted from its infringement responsibility. Considering that the defendant deleted the infringement article shortly after the post was released by the WeChat public account, according to the principles of infringement liability and the scope of infringement, the court ruled that the defendant issued an apology statement on the WeChat public account and the owner of the community in accordance with the law to reject the plaintiff's plaintiff Other litigation requests.

At present, the judgment of the case has taken effect.

■ Judge said ■

Living in the Internet era. In order to integrate into modern life, we need to continuously provide personal information to various institutions, e -commerce platforms, etc. in exchange for corresponding network services. For these personal information, how to protect it so as not to affect the privacy and personal life of natural persons. The judgment of this case sounds the alarm on the institutions and individuals who master the personal information of citizens.

According to the law, individuals, institutions or e -commerce platforms that master the personal information of citizens, and the improper processing of personal information will involve three aspects of legal responsibility:

The first is civil liability. Some of the personal information are private information, such as ID number, phone number, family address, medical health information, travel information, financial information, etc., which are related to the privacy of natural persons. Those who master this information must take strict protection measures on the above information, and they must not leak or provide them illegally, otherwise they will bear civil liability for infringement of privacy. If the personal information other than private information causes natural person damage, it cannot prove that they have no fault. Personal information processors should also bear civil infringement liability such as damage compensation.

The second is administrative responsibility. According to the "Personal Information Protection Law of the People's Republic of China" implemented on November 1, 2021, if personal information processors such as relevant institutions and e -commerce platforms have not fulfilled personal information protection obligations, they may be punished by administrative penalties at the highest. It can be fined 50 million yuan or five percent of the previous year.

The third is criminal responsibility. The provisions of Article 253 of the Criminal Law that violates relevant national regulations and sells or provide personal information of citizens to others. If the circumstances are serious, they will be sentenced to three years in prison or detention. , Institute for imprisonment for more than three years and seven years, and fined fines. In violation of relevant state regulations, if you will be sold or provided to others in the performance of the duties or provided the service, it will be sold or provided to others. (Source: People's Court News)

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