“Two high” issued a judicial interpretation to clarify the conviction and sentencing standards for crimes that infringe on citizens’ personal information
“Insider” will be severely punished for selling citizens’ personal information
BEIJING, May 9 (reporter Xu Ridan) the Supreme People’s Court and the Supreme People’s Procuratorate jointly held a press conference today, release “Interpretation on Several Issues of applicable law in handling criminal cases of infringement of citizens’ personal information” (hereinafter referred to as “interpretation”). According to the explanation, if “the personal information of citizens obtained in the process of performing duties or providing services is sold or provided to others”, the number and amount standard of “serious circumstances” shall be halved. This means that the “insider” sells personal information of citizens and is severely punished according to law.
It is reported that there are 13 articles in the interpretation, which make comprehensive and systematic provisions on the conviction and sentencing standards for crimes against citizens’ personal information and relevant legal application issues. Among them, the explanation further clarifies the scope of “citizen personal information” and stipulates that “citizen personal information” includes identification information and activity information, that is, “the personal information of citizens stipulated in one hundred and fifty-three articles of the criminal law, it refers to all kinds of information recorded by electronic or other means that can identify the identity of a specific natural person alone or in combination with other information or reflect the activities of a specific natural person, including name, ID number, communication contact information, address, account password, property status, whereabouts, etc.”
The interpretation further clarifies the conviction and sentencing standards for the crime of infringing citizens’ personal information. Among them, the “interpretation” makes clear the criteria for determining the crime of infringing citizens’ personal information, namely, the applicable standards for the sentencing grade of “sentenced to fixed-term imprisonment of more than three years and less than seven years. According to different information types, illegal acquisition, sale or provision 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, that is, the circumstances are particularly serious “. At the same time, the interpretation stipulates “causing serious consequences such as death, serious injury, mental disorder or kidnapping of the victim” and “causing significant economic losses or adverse social impacts” as “especially serious circumstances”.
From the perspective of practice, illegal purchase and receiving of citizens’ personal information to engage in advertising and other activities are more common. In this regard, the interpretation sets a crime standard specifically for this situation, stipulating that citizens who illegally purchase or receive personal information other than sensitive information for legal business activities have one of the following circumstances, it should be identified as “serious circumstances”: first, the use of illegally purchased and received personal information of citizens to profit more than 50,000 yuan. Second, it has been punished by criminal punishment for infringing citizens’ personal information or administrative punishment within two years, and has illegally purchased or received citizens’ personal information. Third, other serious circumstances.
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“two high” issued a judicial interpretation to clarify the conviction and sentencing standard for crimes that infringe on citizens’ personal information “internal ghost” selling citizens’ personal information will be given heavier punishment Justice Network Beijing, May 9 (reporter Xu Ridan) the Supreme People’s Court and the Supreme People’s Procuratorate joined forces today.