"Inner ghosts" have been, your mobile phone number and verification code are sold ...

information

Phone number

Verification code

Buy and sell

Citizens' personal information invasion cannot be violated!

Mobile phone receiving verification code

It is a very common thing

But mobile phone number, verification code

It was also used to buy and sell!

01

Basic case

From November 2019 to May 2021, 13 people such as Xu Moumou and Liu Moumou worked in mobile phone stores, communications business halls and other places, and used work to obtain and sell customers' mobile phone numbers and verification codes. The price of "mobile phone number+verification code" to a dozen yuan was sold to a third party in the WeChat group for thousands of yuan to tens of thousands of yuan. Nine of them were sentenced to punishment by the court.

In this case, Xu Moumou and others, for the purpose of profit, illegally obtained and sold their personal information of citizens, violated the personal information security of citizens and the privacy of citizens, and the circumstances were serious. The provisions of Article 2503 constitute the crime of infringing the personal information of citizens.

02

Prosecutor reminds

"Mobile phone number+verification code" also belongs to the category category of citizens who are protected by law.

The first is that the mobile phone number itself has undergone real -name authentication, and each mobile phone number corresponds to a real natural person.

Second, third -party in WeChat group uses mobile phone numbers to register APP, which triggers APP to send verification codes to personal mobile phones, which not only reflects the activities of registered APPs in specific natural persons at a specific time period, but also dominate this registered behavior.

The third is that an important feature of the verification code is the means of encrypted registration by APP and a specific natural person by reaching a specific user protocol (the reason why the verification code needs to be entered in a short time is to prevent the mobile phone number from being registered by others at will), to a certain extent,), the mobile phone number is registered by others at will),), and Whether to register, when to register, and how to dominate after registration is that natural persons can have their own rights.

Xu Moumou and the third party behind WeChat group dominate this activity, and enable this series of operations to establish contact with specific natural persons, can reflect the identity of specific natural persons (new users) or reflect specific natural person activities (registered behavior behavior behavior behaviors (registered behaviors) ), So "mobile phone+verification code" should be protected by criminal law.

Personal information of citizen refers to the various information that can be recorded alone or with other information to identify specific natural persons or reflects the activity of specific natural persons in a separate or other information. Personal information may violate the law.

Citizens' personal information security and legitimate rights and interests are protected by law, and any behavior obtained and provided by illegal means shall be punished. Relevant industries are not locked as ghosts in the industry that violates the personal information of citizens because they are greedy for their small profits. In addition, it is also reminded that the general public should properly keep personal information in daily life. When providing personal identity documents and mobile phones, they should be vigilant, so as not to allow criminals to have opportunities.

03

Law link

"Criminal Law of the People's Republic of China"

Article 253 Paragraph 2: In violation of the regulations of state organs, those who will be sold or provided to others will be sold or provided in accordance with the provisions of the preceding paragraph.

"Personal Information Protection Law of the People's Republic of China"

Article 4: Personal information is a variety of information related to the recognized or recognizable natural person recorded in electronics or other ways, excluding information after anonymous processing.

Article 5: The handling of personal information shall follow the principles of legal, correctness, necessary, and integrity, and shall not process personal information through misleading, fraud, and coercion.

Article 7: The handling of personal information shall follow the principle of disclosure and transparency, disclose the rules of personal information processing, and explain the purpose, methods, and scope of the processing processing.

Article 10: No organization or individual shall illegally collect, use, process, process, and transmit personal information of others, and shall not illegally buy and sell, provide or disclose personal information of others; shall not engage in personal information processing activities that endanger national security and public interests.

(Source: Puyang Procuratorate released)

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