The interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on several issues concerning the application of law in handling criminal cases of infringement of citizens’ personal information issued by the “two high schools” on the 9th (hereinafter referred to as “interpretation”) the scope of “citizen’s personal information” and the conviction and sentencing standards of crimes against citizen’s personal information are clarified. This is also the first time that the “two high schools” have issued a judicial explanation on cracking down on crimes that infringe on citizens’ personal information. Illegal acquisition, sale or provision of more than 50 highly sensitive information such as track of whereabouts, communication content and property shall be incriminated.
Ten situations of selling or providing personal information “serious circumstances”
One of the provisions of Article 253 of the criminal law, in violation of the relevant provisions of the state, sell or provide personal information of citizens to others. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, and shall also be fined or only; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of more than 3 years and less than 7 years, and shall be fined.
Interpretation stipulates that if more than 50 pieces of track information, communication content, credit information and property information are illegally obtained, sold or provided; Illegal acquisition, sale or provision of accommodation information, communication records, health physiological information, transaction information and other citizen personal information that may affect personal and property safety more than 500 pieces constitute “serious circumstances”. Illegal acquisition, sale or provision of more than 5,000 pieces of personal information of citizens other than the above provisions also constitutes “serious circumstances”.
The explanation of this release is clear. Those who provide personal information of citizens to specific persons and publish personal information of citizens through information networks or other channels shall be identified as “providing personal information of citizens” stipulated in the criminal law “. As for the identification standard of “serious circumstances” in the relevant provisions of criminal law, this judicial interpretation clearly stipulates ten situations, including illegally obtaining, selling or providing trace information, communication content, credit information, more than 50 pieces of property information; Illegal acquisition, sale or provision of accommodation information, communication records, health and physiological information, transaction information, etc. may affect the person, more than 500 pieces of personal information of citizens with property safety; Illegal acquisition, sale or provision of more than 5,000 pieces of personal information of citizens other than the first two provisions; Illegal income of more than 5,000 yuan, etc.
Clear disclosure of “human flesh search”
Conviction and sentencing of personal information
The explanation also stipulates that illegal acquisition, sale or provision of relevant categories of citizens’ personal information “more than 500 pieces”, “more than 5,000 pieces” and “more than 50,000 pieces”, or illegal income of more than 50,000 yuan, or in cases such as “causing serious consequences such as death, serious injury, mental disorder or kidnapping of the victim” and “causing significant economic losses or adverse social impacts”, it belongs to “especially serious circumstances”. For the conviction and sentencing standards for illegally purchasing and receiving citizens’ personal information for legitimate business activities, the interpretation stipulates that there are situations such as using illegally purchasing and receiving citizens’ personal information to make profits of more than 50,000 yuan, etc, it should be identified as “serious circumstances”.
In addition, in the case of “human flesh search”, how should the act of illegally disclosing personal information be convicted and sentenced. The explanation is clear. If a specific person is provided with personal information of citizens and the citizen is released through information network or other means, it shall be deemed as “providing personal information of citizens” stipulated in Article 253 of the criminal law “.
Crime of infringing citizens’ personal information
A fine of less than five times the illegal income
The judicial interpretation also stipulates that network service providers refuse to fulfill the information network security management obligations stipulated by laws and administrative regulations, and refuse to correct them after being ordered by the regulatory authorities to take corrective measures, if the disclosure of personal information of citizens of users causes serious consequences, they shall be convicted and punished for refusing to fulfill the obligation of information network security management in accordance with the relevant provisions of the criminal law. In terms of the applicable rules of fine penalty for crimes against citizens’ personal information, judicial interpretation stipulates that for crimes against citizens’ personal information, the harm degree of the crime, the amount of illegal income from the crime, the defendant’s criminal record, guilty confession and repentance attitude, etc. shall be fined according to law. The amount of fine is generally more than one time and less than five times of illegal income.
Xu Jianzhuo, director of the network technology research and development center of the Ministry of Public Security, revealed at the press conference that in the next step, the public security organs will require service providers to implement relevant regulatory obligations and fail to comply with legal requirements, failure to implement relevant obligations will severely crack down on the disclosure of citizens’ personal information.
It is understood that last year, the national public security organs detected more than 2100 cases of network infringement of citizens’ personal information, seized more than 50 billion pieces of citizens’ personal information, and arrested more than 5,000 criminal suspects, including more than 450 people in various industries.
It is reported that the judicial interpretation will come into force on June 1, 2017.
Text/reporter Meng Yaxu
Author: Meng Yaxu
1715
“two high schools” issued on the 9th, “interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on several issues of applicable law in handling criminal cases of infringement of citizens’ personal information” (hereinafter referred to as “interpretation”) the scope of “personal information of citizens” and the violation of the public