The crime of illegally obtaining citizens' personal information (now it has become the crime of infringing citizens' personal information) refers to the serious act of illegally obtaining citizens' personal information obtained by state organs or financial, telecommunications, transportation, education, medical and other units in the process of performing their duties or providing services, and selling or illegally providing it to others. According to the criminal law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.
Elements for determining the crime of infringing citizens' personal information;
1, subject qualification;
2. The criminal object belongs to the personal information collected by the unit according to law in the performance of its functions and powers or public service functions;
3. objectively implementing the act of selling or illegally providing;
4, in violation of state regulations;
5. If the circumstances are serious;
6. Subjective intention of the actor.
Decision of the Standing Committee of the National People's Congress on Strengthening the Protection of Network Information Article 8 If a citizen discovers that he has leaked personal identity, disseminated personal privacy and other network information that infringes on his legitimate rights and interests, or has been harassed by commercial electronic information, he has the right to ask the network service provider to delete relevant information or take other necessary measures to stop it. Article 9 Any organization or individual has the right to report and accuse the illegal and criminal acts of stealing or otherwise obtaining, selling or illegally providing citizens' personal electronic information to others and other illegal and criminal acts of network information. The department that receives the report or complaint shall promptly handle it according to law. The infringed may bring a lawsuit according to law. Article 253 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.