The country's first short video platform "Reptile" case was sentenced!

Obviously, I just saw the belt and the goods in the live broadcast room. As a result, other merchants who sold similar products were accurately found. At this time, please note that your information may have been illegally "crawled"!

Recently, the People's Court of Liangxi District of Wuxi City concluded the crime case of invasion of computer information system procedures. The defendant Ding was sentenced to 1 year in prison for selling user data illegally obtaining a short video platform user data from others. A month, 2 years of probation. It is reported that the case is the first "crawler" case in the country's first short video platform field.

The trial of this case has aroused widespread attention from the public, and the security of citizens' personal information has been mentioned again. What personal information protection laws in China? What is the regulation? What kind of responsibilities will be on illegal personal information of citizens?

Today, the reporter invited Mr. Zhang Hailiang, a lawyer of Beijing Yingke (Chengdu) Law Firm to answer it for you.

Retrospective

According to the Supreme Court: In September 2021, Ding met Ding Moumou online. Ding Moumou said that he had a "reptile" software to obtain a short video platform user data. User information, mainly user names, comments, account UIDs, etc. If Ding Mou is interested, you can buy agency rights, promote software, and earn the difference from it.

After the trial, Ding felt good, so he decided to agency and sold the software after "changing his head".

Mr. Wu, an employee of an information company, found that someone was selling a "reptile" software during an online inspection. The software could actually crawl the company's background data and the relevant information of the live room users, and then called the police. After investigation, the public security organs quickly locked Ding.

The Liangxi Court found out that the sales staff of Ding Mou sold the company sold the above software to multiple people through the Internet, with a total of 24,360 yuan in illegal income.

The court believes that the defendant Ding Mou provided others with a program that specializes in invading the computer information system. The circumstances were serious, and his behavior had constituted the crime of providing an invasion of computer information system procedures. In the end, the court sentenced the defendant Ding Mou to one year and six months, the suspended sentence of 2 years, and fined 30,000 yuan to confiscate Ding's illegal income. At the same time, Ding is prohibited from engaging in Internet -related business activities during the probation test period.

Judge: The Internet is not a place outside the law

Li Peng, deputy president of the Criminal Court of Liangxi District People's Court of Wuxi City, Jiangsu Province, said that in the context of Internet big data, netizens' personal data and information are not unconditional and unlimited to all personnel. Knowing and agreeing with the permission of data custodians and authorization, and observing the rules of reasonable and legal use, confidentiality, and limiting diffusion, there are restrictions and legal use of boundaries.

The "reptile" software is essentially "program and tools specifically used for invasion and illegal control of computer information systems."

The network is not a place outside the law. This case reflects the protection of information on netizens and maintains the security and data security of the Internet platform system. At the same time, it also warns related Internet companies to improve security awareness and strengthen network security measures.

Lawyer: Sell or provide personal information of citizens for the highest sentence for seven years

The reason why this case has attracted the attention of the public is mainly because the public and netizens' voices of "personal information protection" are getting higher and higher. At present, what personal information protection laws are there in my country? What is the regulation?

Attorney Zhang Hailiang, a law firm of Beijing Yingji (Chengdu) Law Firm, said that while Internet information technology is promoted to the facilitation of social life, it also stores more personal information and privacy to the Internet. In order to strengthen personal information protection, it will be implemented on November 1, 2021. The "Personal Information Protection Law of the People's Republic of China" clearly stipulates that any organization or individual shall not illegally collect, use, process, and transmit personal information of others, and shall not illegally buy and sell, provide or disclose personal information of others. The "Code of the People's Republic of China" has set up the chapter of "Privacy and Personal Information Protection" to strengthen the protection of personal privacy and information, which stipulates that "natural people enjoy privacy. Eliminate the privacy of others. "

What are the legal consequences if they have infringed the personal information of others? Attorney Zhang Hailiang said that "the personal information of natural persons is protected by law." At the same time, if the perpetrators have damaged the civil rights and interests of others due to faults, they should bear the liability for infringement and cause serious mental damage to be liable for mental damage. Among them, for violating relevant state regulations, selling or providing personal information of citizens to others, if the circumstances are serious, they may be suspected of constituting criminal criminal crimes. There is a period of imprisonment and a fine.

Prevent "reptile" Chengdu Intermediate People's Court has issued a "ban"

"Capture" is more common in the Internet business model. The reporter learned today that the Chengdu Intermediate People's Court has issued a "ban" in the case of improper competition together.

In 2020, the applicant Tencent Technology Co., Ltd., Tencent Computer Company and Tencent Digital Company stated that they invested large costs to maintain and build WeChat public platforms, obtain relevant data information, and set up Robots.txt files on their website to prohibit others from passing the "Internet crawling insects. "Technical capture data information on WeChat public platform. The applicant's byte -beating company did not comply with the ROBOTS agreement, and captured a large number of data information of the applicant's WeChat public platform. The applicant believed that the behavior of the byte beating the company constituted an unfair competition. Behavior ban. The Chengdu Intermediate People's Court trial believes that bytes beating companies to capture a lot of data and information by avoiding the settings of the Robots.txt files. Its behavior violates the principles of commercial ethics and honesty, and has improperness. If no behavioral preservation measures are taken, the legitimate rights and interests of Tencent's 3 companies will be damaged by difficulty in making up.

It is reported that this is the first data capture ban in Sichuan Province. The Sichuan Provincial High Court stated that the lawsuit, as one of the efficient and fast civil rights relief methods, played a positive role in curbing infringement and protecting rights and interests. Data is the core operating asset of Internet companies, and the "network crawler" technology can easily and targeted the required network data information. Therefore, it is widely used in various Internet business models. Just use this technology to obtain data information, which causes disputes. This case plays a positive role in maintaining the normal competitive order of the market.

Chengdu Daily Jinguan News reporter Chen Di Editor He Qixie Editor Liu Yonghao

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