Public information about the personal information of citizens not only be sentenced, but also bear civil infringement liability

"I hope that this time with civil public interest lawsuits can make them deeply recognize their mistakes, use cleverness and intelligence on the right way, and make money," You have to go to the right way. " The prosecutor who handled the case said after the criminal attachment to the public interest lawsuit.

It turned out that in the process of reviewing the prosecutor of the Clarimi District Procuratorate, Zhang and others found that during the crime of violating the personal information of citizens, during the period from 2018 to 2021, Li and Zhao managed to apply for a real estate certificate for the real estate project owner developed by the two of them. In the process, nearly 10,000 personal information was illegally obtained by improper channels, and it was provided to Qian Mou, the person in charge of a decoration company, and Liu Mou, a salesperson of the building materials company. In order to expand the company's business needs, Qian arranged marketing manager Zhang to organize salespersons to call the owners who handed over the house to sell the decoration and decoration business. While selling the business, Zhang saw that buying and selling personal information was a "good way" for profits, and then he resold some personal information to Sun, Hu and others again with others. Sun and Hu turned around and sold their personal information again.

After several transfer of personal information, different businesses are used to sell their own business. Many people have received various harassing calls from decoration companies to training institutions. "I filled out the information to the developer to handle the house, but I didn't expect my personal information to be leaked. I didn't know it at all." When the procuratorial organs investigated and obtained evidence, the owner of the community helplessly said.

Recently, the Clarimi City Procuratorate filed a criminal civil public interest lawsuit against Zhang and other seven people such as Zhang. The Caramay Intermediate People's Court sentenced seven people and other seven people to the crime of violations of citizens' personal information in prison for one year to 3 years and 4 months, and fined 2,000 yuan to 79,000 yuan. At the same time Gold, and the news media at or above the municipal level issued an apology statement to the society. The results of the referee have taken effect, and Zhang and others have not appealed.

The leakage of personal information disrupts the work and life order of the people. The "People's Republic of China" stipulates that 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. "Zhang and others traded nearly 10,000 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 legitimate rights and interests of the personal and property of the citizen and damage the public interest of the society." Prosecutor handling the case said. "Although they were punished for criminal proceedings, the damage caused by their behavior to the protection of the personal information of citizens was not repaired, and the public interests of social public interests were still in a state of violation. Criminal allegations and civil public interest claims with civil public interest. "

At present, telecommunications network fraud criminal cases are rising year by year. Criminals often use the fictional facts of personal information to trick the other party to "hook" and cause losses to others' personal or property. Citizenship information is related to the safety of the people and property. Involved in public interests, it is necessary to increase protection. "Procuratorial organs are not only judicial organs that ensure the reunification and correct implementation of national laws, but also an important force for protecting national interests and social public interests. The procuratorial organs mentioned personal information to protect criminal civil public interest lawsuits and allow the offenders to bear criminal and civil liabilities. It not only solves the problems of individual citizens in terms of evidence collection, litigation costs, legal professional knowledge, etc., but also effectively crack down on illegal and criminal acts. "The prosecutor handling the case said.

Correspondent: Li Yali Zhang Yongfei

Edit: Yu Yingying

Review: Wu Ping Zhao Aiguo

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