Buy and sell!Five people were sentenced to punishment for selling citizen personal information

Recently, Zhang, including the People's Procuratorate of Clarma, a five -person, and other five people who violated the citizen's personal information criminal and brought civil public interest lawsuits. The Caramay Intermediate People's Court made a first trial. The court supported the criminal allegations of the procuratorate and the request to bring civil public interest litigation, and sentenced Zhang to the crime of violating the personal information of citizens, sentenced to one year to four months or probation in prison, and fined 2,000 yuan to 79,000 yuan. At the same time, it is necessary to bear the liability for civil infringement, that is, the civil compensation of equivalent illegal profits and an apology statement to the public at the news media at or above the municipal level. Zhang and others did not appeal, and the judgment was effective.

During the period from 2018 to 2021, Li and Zhao Mou had illegally obtained tens of thousands of citizenship information through improper ways in the process of handling real estate projects developed by the company. Qian (handled by another case) and sales staff of the building materials company (handled by another case). In order to expand the company's business needs, Qian arranged the company's marketing manager Zhang to organize the salesperson to sell the decoration business to the citizens of Caramay's new community by calling the citizen's personal personal call. In order to make personal interests, Zhang and others resold some citizen's personal information to Sun, Hu and others. After purchasing personal information of citizens from Zhang or Zhao, Sun and Hu sold the personal information of citizens again, causing the personal information of many citizens to be leaked. A large number of residents received harassment calls. Order with life.

The case was discovered by the People's Procuratorate of Karamay City Carahi District in the process of reviewing and suing Zhang and others in suspicion of violating the personal information of citizens. The damage caused by the protection of personal information of citizens has not been repaired, and the public interests of social public interests are still in a state of violations, and they are investigated by civil public interest litigation.

After fulfilling the pre -announcement procedure, the People's Procuratorate of Kramai City appeared in court as a public prosecution agency and a public interest lawsuit. After the trial, the criminal facts and infringements of Zhang and others were confirmed.

Prosecutors in the case believe that according to the "People's Republic of China", the personal information of natural persons is protected by law, and no one shall illegally buy and sell, provide or disclose personal information of others. In this case, Zhang and others bought and sold tens of thousands of citizenship information, and their behavior infringed the personal information rights and interests of unspecified subjects. After the relevant information was leaked, it may pose a threat to the legal rights and interests of the citizen's personal and property Essence In addition to criminal liability, Zhang and other five people also need to bear civil liability. According to the "Personal Information Protection Law of the People's Republic of China", if the rights and interests of the personal information of many citizens are infringed, the people's procuratorate and the laws stipulated by the law and the organizations determined by the national network information department can file a lawsuit in accordance with the law.

Prosecutors in the case said that at present, telecommunications network fraud criminal cases have risen year by year, and criminals often use the fictional facts of the personal information of citizenship to deceive the general public to "hook". Therefore, the personal information of citizens is related to the safety of the people and the safety of property, and involves social public interests and needs to increase protection. The procuratorial organs have mentioned personal information protection of criminal civil public interest lawsuits, allowing the offenders to bear the dual responsibility of criminal and civil liability, which not only solves the problems of citizens' individuals in terms of evidence collection, litigation costs, and legal professional knowledge, but also effectively crack down on illegal crimes.

Author: Reporter Guo Yuqiang Correspondent Zhang Yongfei

- END -