What legal consequences will be used to sell the customer phone number by using work?

A drop of water can refract the sun. A case can highlight the principle of rule of law. The official WeChat official WeChat of the Supreme People's Court launched the "New Fashion of the Time of Tips and Great" to take you back to the shining "small cases", reflecting on those "truths" contained in it, and experience the promotion of every judicial case. Fairness and justice. This issue brings you a case that violates the personal information of citizens.

From advertising to fraud calls, from spam to selling text messages, the leakage of personal information makes people's lives uncomfortable. What legal consequences will be used to sell the customer phone number by using work? Recently, a case of violations of citizens' personal information in the Xiong County People's Court of Hebei Province will tell you the answer. From May 2020 to July 2021, the defendant Zhang Moumou used his convenience in the mobile business hall. During the business process, without the consent of the customer, he privately sent the customer's mobile phone number and verification code to various WeChat pull. In the new group, it is for others to register with software accounts such as Douyin, JD.com, Taobao, etc., and each registered account is profitable a few yuan to a dozen yuan. As of the incident, Zhang Moumou illegally made 9876.5 yuan. The People's Procuratorate of Xiong County, Hebei Province believes that the defendant Zhang Moumou violated the relevant national regulations and sold citizen information obtained during the service process to others, infringing the civil rights of unspecified citizens. And lift a civil public interest lawsuit. The Xiongxian People's Court held that the defendant Zhang Moumou violated the relevant national regulations and sold the personal information obtained by the provision of the service to others. The circumstances were serious, and his behavior had constituted the crime of infringing the personal information of citizens. At the same time, Zhang Moumou's act of violating the personal information of citizens infringed on the civil rights and interests of unspecified citizens and harmed the public interests of social public interest. On June 30, 2022, the Xiongxian People's Court sentenced the defendant Zhang Moumou to eight months in prison for infringing the personal information of citizens in accordance with the law, one year of probation, and a fine of 10,000 yuan. Personal information of citizens who have publicly apologized and permanently delete all illegal citizenship information on the provincial newspapers. After the verdict, the defendant did not appeal, the public prosecution agency did not protest, and the judgment had had legal effect.

Judge

In recent years, the dean of the Xiong County People's Court of Hebei Province, Zhang Zhizhou, in recent years, the incident of leaks of citizenship information occurred. Personal privacy faced serious threats and brought a great sense of insecurity to the masses. The sale of mobile phone numbers and verification codes is the "heavy disaster area" that violates the personal information of citizens and is the focus of blow. The "Personal Information Protection Law of the People's Republic of China", which was implemented on November 1, 2021, clearly included the protection of personal information into the legal field of procuratorial public interest litigation, highlighting the determination of the country's strengthening of diversified governance and ensuring the security of citizens' personal information. As the first case of violations of citizens 'personal information of citizenship with criminal public interest litigation cases, the Xiongxian People's Court conducts criminal strikes and civil accountability of the defendant's infringement of citizens' personal information in accordance with the law. Essence Here, remind everyone that no matter which position is in, it is necessary to abide by professional ethical norms. Illegal leakage of personal information of citizens is not only civil infringement, but also criminal responsibility. The general public must also strengthen the awareness of prevention. When repairing and paying for other people to operate mobile phones, pay attention to whether its operation is beyond the business category, enhance the awareness of personal information protection, and protect personal information security.

Expert Reviews

The application of digital technologies at the Professor and Doctoral Division of Gao Qinwei School of Law, while improving economic and social efficiency, it also brought severe challenges to citizens' personal privacy protection and information security. Judging from the current statistics, the use of the position of the customer's mobile phone number and the verification code to invade citizens' personal information is great, which not only endangers the security of citizens, but also becomes the root cause of new crimes such as telecommunications fraud and online deception. Cause various crimes, affect the sense of security of the people, and harm the public interests of the society. This case is a typical case, which is of great significance for personal information protection and public interest litigation. It shows the actions and responsibilities of the people's court in the field of personal information protection. In this case, the court accurately summarized the focus of the dispute on the basis of the facts that the court pointed out that Zhang Moumou infringed the civil rights of unspecified citizens and harmed the public interest of social public interests. At the level of legal applications, the context of the defendant surrendered, pleaded guilty, etc., and made a judgment in accordance with the law. At the same time, the court also reminded the people to consciously enhance the awareness of personal information security protection, do not easily provide personal information, do not believe in unknown SMS and links at will, and beware of being used by criminals and cause losses to themselves and others. In this case, the request of the prosecutor of the public interest litigation has promoted the combination of the society to protect the security of personal information, and enhanced the quality and efficacy of criminal civil public interest litigation. Source: Supreme People's Court News Bureau

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