[Local Procuratorate] Jiangsu Zhenjiang: Release four typical cases of personal information protection

With the rapid development of the Internet

The network has become our important "living space"

More and more people enjoy

The "digital dividend" brought by the network

But when the information data brings convenient

Safety risks are everywhere

Personal information protection is particularly important

Recently, at the opening ceremony of Zhenjiang City Cyber ​​Security Propaganda Week and Personal Information Protection Theme Day in 2022, Zhenjiang Procuratorate was one of the event undertaking units and released four typical cases of personal information protection on the spot.

Case number one

Criminal strike, take out "inner ghosts" to prevent personal information leakage

——Che Chen infringing citizen personal information case

Basic case

From April 2020 to July 2021, the defendant Chen used his convenient conditions to work in a communication equipment operation department to handle the user's mobile phone number and received authentication codes and other user individuals in the process of handling the business. The information is sent to Shangjia WeChat group and personal WeChat, which is used to register for application software accounts such as "Taobao", or use user personal information to complete the download and registration of designated application software. During the period, the defendant Chen illegally made a total of more than 44,000 yuan. On March 16, 2022, the court made a first -instance judgment that Chen was sentenced to three years in prison for violating the personal information of citizens, three years in probation, and fined 50,000 yuan.

Typical meaning

"Inner ghosts" such as communication business service personnel and other industries illegally regulations and industry discipline, stealing the personal information of citizens for illegal profits, which not only seriously infringes the personal and property rights of citizens, but also causes great negative confidence in the credibility and the recognition of the masses in related industries. influences.

Procuratorial advice

It is recommended to establish and improve the prevention and control system of user information leakage, improve the internal supervision of agents and their employees, and strengthen publicity and education on laws and regulations of employees.

Case 2

Can move the duties and cut off the leak source on the courier list

——Promidate the protection of the administrative public interest lawsuit of the delivery user information security

Basic case

The courier orders of a number of express companies in Danyang have not taken effective protection measures such as hidden processing of user information, and directly displayed personal information such as customer names and phone numbers.

Significance

Strengthening the information protection of the express delivery industry is an important measure to maintain the security of citizens' personal information and improve the Internet social governance model. Express management systems and courier orders store a large amount of personal information of citizens. Express companies have not taken hidden treatment measures for personal information of users. They are easily obtained and used by criminals, endangering the safety of citizens, property security, and infringing on social public interests.

Procuratorial advice

It is recommended to establish and improve the user information security guarantee mechanism, urge express enterprises to improve the protection measures for personal information of citizens in many ways, normalize network and data security training, strengthen publicity and education guidance, and prevent delivery of user information leakage risks.

Case II

Light the sword according to law, say "no" to the abuse of face recognition information

——Promise the illegal collection of citizens' personal information behavior administrative public interest lawsuits

Basic case

In order to operate a sales office, without the consent of the consumer and no obvious notice, the consumer face information is collected and stored the face information of the consumer through the tube camera, and the customer classification is achieved through the information. The above behavior lacks the necessity of housing sales, violates the necessity principle of collecting personal information, violates consumers 'right to know, portraits, and privacy. There is a risk of personal information leakage, seriously harming consumers' rights and social public interests.

Significance

With the continuous and deep integration of informatization and the economy and society, the Internet and big data are widely used in various fields. While bringing business opportunities and convenience, it is also accompanied by illegal collection and leakage of consumers' personal information incidents in real estate, education, and medical care. Frequency.

Procuratorial advice

It is recommended that the regulatory authorities actively perform their duties, cooperate to guide the industry's self -discipline, urge the illegal collection of citizens' personal information behavior to rectify the rectification of the sales office, and promote the healthy development of the industry.

Case 4

To achieve information security and publicly win -win results in accordance with the law

——Puke the rectification of regulating government information disclosure content to protect the personal information of citizens

Basic case

In the "government information disclosure" column on the official web page, a certain document announced that the legal representative, administrative punishment natural person, and the legal representative of the administrative punishment unit of the administrative penalty unit were not identified to identify the processing. Important information such as the name and identity number of the famous citizens is disclosed. There are hidden dangers of the risk of leaking the personal information of citizens, which has infringed on the public interests of the society.

Significance

The disclosure of government information to allow power to operate in the sun is an important way to protect the people's right to know, participation, expression, and supervision rights. The administrative organs shall not only disclose or accurately accurately accurately accurately and accurately in accordance with laws and regulations, but also examine the content of the proposed information in accordance with laws and regulations to ensure that they do not infringe on the legitimate rights and interests of citizens.

Procuratorial advice

It is recommended that while ensuring that government information should be made public, pay attention to the protection of personal information, information that needs to be publicized, and strictly follow the relevant requirements.

Source | Zhenjiang Procuratorate

Edit | Yu Yingying

Review | Zhao Aiguo Wu Ping

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