Sentencing for the crime of infringing citizens' personal information Article 60,000 shall be punished with fixed-term imprisonment of not more than three years. "Illegal acquisition, sale or provision of citizens' personal information shall be deemed as' serious circumstances' as stipulated in Article 253-1 of the Criminal Law": selling or providing whereabouts information and being used by others to commit crimes; Illegally obtaining, selling or providing more than 50 pieces of track information, communication content, credit information and property information; Illegally obtaining, selling or providing more than 500 pieces of citizens' personal information such as accommodation information, communication records, health and physiological information and transaction information, which may affect personal and property safety; The illegal income is more than 5000 yuan.
Whoever, in violation of the relevant provisions of the state, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
How to determine the severity of the crime of infringing citizens' personal information?
Illegal acquisition, sale or provision of citizens' personal information, in any of the following circumstances, shall be deemed as "serious circumstances" as stipulated in Article 253 of the Criminal Law:
(1) Selling or providing information such as whereabouts and tracks for others to use in committing crimes;
(two) knowing or should know that others use citizens' personal information to commit crimes and sell or provide them;
(3) illegally obtaining, selling or providing more than 50 pieces of track information, communication content, credit information and property information;
(4) Illegally obtaining, selling or providing more than 500 pieces of citizens' personal information, such as accommodation information, communication records, health and physiological information and transaction information, which may affect personal and property safety;
(5) illegally obtaining, selling or providing more than 5,000 pieces of personal information of citizens other than items (3) and (4);
(six) the quantity does not meet the standards stipulated in items 3 to 5, but it reaches the relevant quantitative standards of the corresponding proportion;
(seven) the illegal income of more than five thousand yuan.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 253-1 of the Criminal Law of People's Republic of China (PRC), whoever, in violation of the relevant provisions of the state, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph. Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding three paragraphs.