1. Selling or providing information such as the whereabouts and tracks used by others for committing crimes;
2. Knowing or should know that others use citizens' personal information to commit crimes, sell or provide them to others;
3 illegally obtaining, selling or providing more than 50 pieces of track information, communication content, credit information and property information. Whoever, in violation of state regulations, sells or provides citizens' personal information to others shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.
How to identify the crime of illegally obtaining citizens' personal information?
1, the connotation and characteristics of citizens' personal information
(1) is directly related to individual citizens and can reflect the local or overall characteristics of citizens; Or once obtained and used, it is proprietary. The former is the date of birth and fingerprints of citizens, while the latter is the ID number and home address.
(2) It has legal protection value. Citizens' personal information carries citizens' individual characteristics, even their rights. If it is leaked and obtained by others, it will inevitably lead to the danger that citizens may be infringed at any time.
(3) The protection of citizens' personal information is not based on the request of the information owner. No organization or individual has the right to disclose or obtain personal information unless it is based on the need of safeguarding national interests, public interests or the will of the information owner.
2. Identification of illegal means
From the analysis of the characteristics of theft, illegal means should at least have the following characteristics:
(1) goes against the will or true meaning of the information owner;
(2) The information acquirer has no right to know and contact the personal information of relevant citizens;
(3) It is a means to obtain information in violation of laws or social public order and good customs.
3. Determination of serious circumstances
Stealing or otherwise illegally obtaining citizens' personal information, if the circumstances are serious, can be investigated for criminal responsibility. But what is "serious circumstances" has no clear rules to follow. From the legislative background, in recent years, citizens' information has been widely leaked, advertisements selling all kinds of citizens' personal information have appeared on the Internet, and even "professional households" collecting and selling citizens' personal information have appeared in society, posing a serious threat to citizens' personal privacy and personal property safety. Therefore, it is necessary to protect citizens' personal information security through punishment. However, the penalty method has its special scope of application, and not all acts of illegally obtaining citizen information should be punished by penalty.
In our real life, those who buy and sell citizens' personal information at present will be sentenced to fixed-term imprisonment according to the provisions of China's criminal law. Of course, the circumstances must be serious, which conforms to the filing standard of the crime of buying and selling citizens' personal information stipulated in Article 253 of the Criminal Law of our country. Otherwise, there is no way to punish it as a crime.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 253 of the Criminal Law of People's Republic of China (PRC).
Postal workers who open, conceal or destroy mail and telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Whoever commits the crime of stealing property mentioned in the preceding paragraph shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.