A recent criminal judgment issued by the People's Court of Yizheng City, Jiangsu Province shows that from 2065438 to September 20, 2006, the defendant Xian Junjiang established Zhijiao Technology and served as its legal representative, engaged in lending supermarkets and other businesses. From June 20 18 to July 20 19, Xian Junjiang negotiated with Zhao and Qi Bao, heads of the company's technical department, to incubate the "one-key loan" project, and arranged Zhao to be responsible for the technical development and support of the "one-key loan" project.
Zhijiao Technology sells citizens' personal information, including name, ID number and mobile phone number, to a number of unspecified information service companies downstream through API interface transmission without the authorization of the victim. The sales amount is nearly 365,438 yuan+7,000 yuan. In addition, from June 20 18 to July 20 19, Zhao illegally sold nearly 3 million yuan, Sheng Qiushi illegally sold about 2.89 million yuan, and Wang Mengcan illegally sold nearly 700,000 yuan.
The court found through trial that the defendants used science and technology wisely, and the defendants Xian Junjiang, Zhao, Sheng Qiushi and Wang Mengcan all constituted crimes of infringing citizens' personal information and should be punished according to law. Zhike Technology committed the crime of infringing citizens' personal information and fined 3.2 million yuan. The illegal income of the defendant's unit shall be confiscated, and each defendant shall refund the compensation of 310.6 million yuan. Xian Jiang was convicted of infringing citizens' personal information, sentenced to 3 years in prison, suspended for 3 years, and fined 300,000 yuan. Zhao, Sheng Qiushi, Wang Mengcan and others. Play a secondary role in joint crime. They were sentenced to fixed-term imprisonment ranging from 6 months to 1 year and fined 20,000 yuan to 1.5 million yuan.
Su said that the situation of buying and selling user data in the market is because for the platform of lending business, the role of user data involves many aspects of lending. The former is mainly about accurate customer acquisition and intelligent marketing, which is more accurate than traditional channels. At the same time, a large amount of data can enrich the organization's own "information base", which is conducive to the company's risk control modeling. Some personal information data can also play an important role in the post-loan loss repair model and reduce the bad debt rate of institutions.
The buyers involved 9 companies, including P2P and loan supermarkets.
It is worth noting that in the criminal judgment published by the People's Court of Yizheng City, Jiangsu Province, customers who bought data from Zhijiao Technology were also published, including Shanghai yowza Loan Internet Financial Information Service Co., Ltd. (hereinafter referred to as "yowza Loan"), Wuxi Xincheng Network Technology Co., Ltd. (hereinafter referred to as "Xincheng Network"), Shanghai Chunyu Information Technology Co., Ltd. (hereinafter referred to as "Chunyu Technology") and Shanghai Liuliuyu Information Technology Co., Ltd.
According to the inspection data, Xincheng Network is the main body of the Internet marketing platform "Black Bull Insurance", which mainly provides marketing and customer service for insurance and financial companies. Chunyu Technology is the main operator of the data marketing solution platform "EmailCar", which mainly provides email marketing services. Liu Yu's loan supermarket "came to get the money". At present, the company's official website and contact number are in an unusable state; My loan was previously the main operating company of the online lending platform "My Loan", and its shareholder was Jiayin Jinke, a listed company in the US stock market.
In this regard, Wei Guanglin, a lawyer of Beijing Ting Yun Law Firm, said that according to the law, anyone who steals or illegally obtains citizens' personal information by other means should be punished according to the crime of infringing citizens' personal information. Obtaining citizens' personal information by means of purchase, acceptance and exchange in violation of relevant state regulations. It is an illegal act of "illegally obtaining citizens' personal information by other means" as stipulated in the criminal law.
Personal data is strictly regulated. At present, many loans are over-transformed or shut down.
The reason why the people involved can obtain user data through the "loan supermarket" is because the "loan supermarket" can attract users by bringing together multiple investors. In addition to online lending platforms, consumer finance, online small loans, and various illegal cash loans have all been partners of loan supermarkets. Loans are also endless. Take Zhi Zhi Science and Technology as an example. In addition to "one-click loan", the loan supermarket under the company also includes many platforms such as Quick Loan House, Borrowing Money Treasure, Borrowing Money 360 and Yi Rong Loan.
When talking about the reasons for this phenomenon, Su pointed out that in recent years, illegal collection of user information and illegal sale of personal information have been severely punished, the protection environment for financial consumers' rights and interests has been continuously improved, and the living space of loan supermarkets has become narrower and narrower. "Large financial institutions have begun to expand their mobile channels and build an ecosystem with their own strength, and the effect is even better than that of third parties, and the degree of excessive dependence on loans has gradually decreased."
Su believes that the digital transformation process of financial institutions is accelerating, and platforms such as loan supermarkets need to adapt to the regulatory situation and make changes, such as clarifying their own positioning, not touching user funds and personal sensitive information, doing a good job in value-added services related to loan business, and creating a one-stop solution for institutional customers. Generally speaking, there is a demand for excessive lending, but it needs to change from extensive to intensive.
In addition, Su stressed that the incident of intellectual borrowing technology once again sounded the alarm for the market. On the one hand, the Ministry of Industry and Information Technology, the Internet Information Office and other regulatory authorities are highly concerned about the illegal collection of user information by App, and take disciplinary measures such as taking off the shelves for those who refuse to rectify; On the other hand, both institutions and employees need to enhance their legal awareness, safeguard the security of citizens' personal information, and operate steadily under the premise of legal compliance.
Related questions and answers: What are the better loan supermarkets? Loan supermarket is equivalent to a collection of various loan platforms, integrating all the loan platforms into one platform, so that we can compare horizontally and choose a more suitable one. The loan supermarket I know now has a search loan.
Related questions and answers: Is it appropriate to borrow money to open a supermarket now? What should I do? Is it appropriate to borrow money to open a supermarket now? What should I do?
I think we have to solve two problems before we can draw a conclusion.
First, the issue of funds. This is also the most important issue. To do any business, you need funds as support. You need to plan how big a supermarket you want to open, what kind of supermarket you want to open, how much money you need in the early stage, how much idle funds you hold in the early stage, and how much money you need to borrow from the bank.
Second, regional issues. How many supermarkets are opened in your area, whether it is saturated, the living preferences of local residents, etc. You need to do a good job in market research.