(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;
(8) Selling or providing citizens' personal information obtained in the course of performing their duties or providing services to others, with the quantity or amount reaching more than half of the standards specified in Items (3) to (7);
(9) Having been subjected to criminal punishment or administrative punishment within two years for illegally obtaining, selling or providing personal information of citizens due to infringement of their personal information;
(10) Other serious circumstances.
Understanding and application of "serious circumstances" in the crime of infringing citizens' personal information
Specifically, in any of the following circumstances, it can be considered as serious:
1. Using the personal information of citizens sold, provided or obtained to engage in illegal and criminal activities.
2. Selling, providing or obtaining citizens' personal information has caused serious damage to citizens' legitimate rights and interests, including serious mental damage or major economic losses to citizens. If the normal life, work and study of citizens are seriously disturbed, it shall be determined that the act of infringing citizens' personal information has caused serious consequences and the circumstances are serious.
3. The means of selling, providing or obtaining citizens' personal information is bad.
4. Use citizens' personal information to get a lot of benefits from it. That is, the actor's illegal income from selling citizens' personal information is relatively large.
5. Other serious acts that should be recognized as selling, providing or obtaining citizens' personal information.
Although it does not meet the above criteria, but there are more than two plots close to the above criteria, or one plot close to the above criteria, and there are other aggravating circumstances, it should also be considered that the circumstances of illegally obtaining citizens' personal information are serious.
Legal basis:
One of Article 253 of the Criminal Law, who, in violation of relevant state regulations, 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.