Beijing courts at all levels hear cases of infringing on the personal information of a large number of citizens in accordance with the law - Strengthening the judicial defense line for personal information protection (focusing on the rule of law)

2023-09-08

In recent years, the issue of private data leakage among citizens has become increasingly prominent, and personal information security and protection have attracted increasing attention from society. Since 2018, courts at all levels in Beijing have concluded a total of 219 criminal cases of infringing on citizens' personal information. From the perspective of the case situation, the proportion of cases infringing on the personal information of a large number of citizens is on the rise as a whole, "said Sun Lingling, Vice President of the Beijing Higher People's Court. More than half of the cases have more than 50000 pieces of information, and about a quarter of the cases have more than 500000 pieces of information. In 2017, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Citizens' Personal Information", which stipulated that those who illegally obtain, sell or provide more than 50 pieces of whereabouts information, communication content, credit information, and property information can be convicted. Shen used to be a project manager for a large international trust limited company. During his work, he took advantage of his position to obtain the username and password of a bank's personal credit system through methods such as "database collision". Through the terminal connected to the bank through a dedicated line between his affiliated international trust limited company and the bank, he illegally logged into the bank's personal credit system several times, searched for, downloaded, and saved 100 credit reports from others. After trial, the Xicheng District People's Court of Beijing believes that Shen has constituted the crime of infringing on citizens' personal information, and sentenced Shen to one year in prison and a fine of RMB 4000. The leakage of information by internal personnel is the main source of crimes against citizens' personal information, "Sun Lingling said, Employees of companies, enterprises, and institutions who have access to a large amount of personal information of citizens may illegally search and download it through direct contact with their work convenience, or indirectly use their position or work relationship to ask others for help in searching and transmitting it. Some may also directly implant data crawling software and programs into the company's computer backend system to illegally obtain personal information of citizens. As long as personal information flows into the "black market", There may be a large number of duplicate transactions. The Beijing High Court has analyzed cases over the past five years and found that in recent years, the division of criminal activities that infringe on citizens' personal information has become more refined and specialized. Some "internal and external collusion" crimes can even form a full chain criminal gang that obtains, trades, realizes, and illegally uses personal information. Crimes of infringing on citizens' personal information are often associated with other illegal and criminal activities. According to data from the Beijing High Court, 39.6% of the information involved in the case is used for illegal or even criminal activities, excluding intermediate links such as buying, selling, and exchanging. It involves illegal withdrawal of provident fund or handling of credit cards, violent debt collection, telecommunications network fraud, deposit theft, and extortion. Telecom fraud is the most common downstream crime that infringes on citizens' personal information and has serious social harm, "said Xiao Jiangfeng, President of the First Criminal Trial Division of the Beijing High Court. Hu applied to a large communication operator in Beijing for batch processing of mobile phone numbers under the name of a certain technology limited company. He hired someone else as the operator through Zhang and used the mobile phone numbers provided by Zhang for a fee

Edit:Zhou Shu    Responsible editor:Wang Chen

Source:People.cn

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