How to judge an offender who sells personal information illegally

According to the relevant laws of our country, if the illegal sale of personal information constitutes a crime, the accomplice is lenient and the punishment is mitigated. If the circumstances of the crime are minor, the criminal liability may not be investigated.

One of Article 253 [Civil Invasion of Citizens Personal Information] Violating relevant state regulations, selling or providing citizens personal information to others, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or detained, and shall be imposed a single fine. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and a fine.

If the personal information of citizens obtained in the course of performing their duties or providing services is violated in accordance with the relevant provisions of the state, it will be severely punished in accordance with the provisions of the preceding paragraph.

If the unit commits the crimes mentioned in the preceding three paragraphs, the unit shall be fined, and the person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph.

(1) It is directly related to the individual citizen and can reflect the local or overall characteristics of the citizen; or it has specificity once acquired and used. The former includes citizen s date of birth, fingerprints, etc. The latter includes ID number, home address, etc.

(2) It has legal protection value. Citizens personal information carries the individual characteristics of citizens, and even various rights. If they are allowed to be leaked or obtained by others, citizens will always be in danger of being infringed.

(3) The protection of citizens personal information is not based on the request of the owner of the information. No organization or individual has the right to disclose or obtain their personal information unless it is based on the need to safeguard national interests, the public interest, or the wishes of the owner of the information.

Anyone who steals or otherwise illegally obtains personal information of a citizen in accordance with the amendment shall be investigated for criminal responsibility if the circumstances are serious. However, there are no clear rules on what constitutes serious circumstances. From the legislative background, in Recent years, citizen information has been widely leaked. Advertisements that publicly sell various types of personal information of citizens have appeared on the Internet. There are even “professional households” who collect and sell personal information of citizens. 2. Property security poses a serious threat. Therefore, it is necessary to protect the personal information of citizens by means of punishment. However, the punishment method has its special scope of application, and not all acts of illegally obtaining citizens information should be punished by the punishment.

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