Legal analysis
The so-called citizen's personal information refers to information that can identify a citizen's personal identity, mainly including: name, age, gender, ID number, occupation, position, educational background, ethnic status, marital status, professional qualifications and expertise, work experience, family background and address, telephone number, credit card number, education, medical care, economic activity records, fingerprints, online login account number and password, etc. Stealing refers to stealing or obtaining citizens' personal information by improper means; The so-called other methods refer to illegal acquisition of citizens' personal information by secret and improper means, just like theft. Individual citizens are directly related and can reflect the local or overall characteristics of citizens. Once used, they are exclusive. Such as date of birth, fingerprints, etc. Citizen's identity, the latter such as ID number and home address. 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. 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.
legal ground
Criminal law of the people's Republic of China
Article 253 Postal personnel 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. Article 253-1 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.
people's republic of china network security law
Fourteenth any individual or organization has the right to report acts that endanger network security to the departments of network information, telecommunications and public security. The department that receives the report shall promptly handle it according to law; If it does not belong to the responsibilities of this department, it shall be transferred to the competent department in time. The relevant departments shall keep confidential the relevant information of informants and protect their legitimate rights and interests.