In fact, the state has not done a particularly good job in protecting some personal information of citizens. Because you may find that in some cases, your personal information will be unconsciously used by some criminals, as if criminals can easily find their personal information. Theoretically, no one can investigate other people's personal information except law enforcement officers. What I will introduce to you below is, how much does it cost to investigate personal information in China?
1. How much does it cost to investigate personal information in China?
It is illegal to do so.
1, as far as civil law is concerned
This kind of behavior belongs to "tort", which specifically violates the "privacy" of citizens (but it requires certain influence). You can ask the infringer to compensate for the loss, that is, compensation for mental damage.
2. From the criminal law.
This behavior may be suspected of "the crime of illegally obtaining citizens' personal information" (but the circumstances are serious). You can sue the public security organs and demand that the perpetrators be investigated for criminal responsibility.
Second, the relevant provisions on the number of convictions for revealing personal information.
On the 9th, the Supreme People's Court and the Supreme People's Procuratorate issued the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement on Citizens' Personal Information, which is also the first time that the "two high schools" issued a judicial interpretation on cracking down on crimes against citizens' personal information. Judicial interpretation comprehensively and systematically stipulates the conviction and sentencing standards of crimes against citizens' personal information and the application of relevant laws.
According to the provisions of China's criminal law, anyone 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 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 steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the preceding paragraph.
The judicial interpretation issued this time makes it clear that providing citizens' personal information to specific people and publishing citizens' personal information through information networks or other means should be recognized as "providing citizens' personal information" as stipulated in the criminal law.
Regarding the criteria for determining "serious circumstances" in the relevant provisions of the Criminal Law, the judicial interpretation clearly stipulates ten situations, including illegally obtaining, selling or providing more than 50 pieces of information such as whereabouts, 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; Illegally obtaining, selling or providing more than 5,000 pieces of personal information of citizens other than those specified in the preceding two paragraphs; The illegal income is more than 5000 yuan.
At the same time, the judicial interpretation stipulates that illegal acquisition, sale or provision of "more than 500", "more than 5,000" and "more than 50,000" personal information of citizens, or illegal income of more than 50,000 yuan, or serious consequences such as "death, serious injury, mental disorder or kidnapping of the victim", "serious economic loss or bad social impact" are deemed as "particularly serious circumstances".
As for the conviction and sentencing standards for illegally purchasing and accepting citizens' personal information for legitimate business activities, the judicial interpretation stipulates that if there are circumstances such as using illegally purchased and accepted citizens' personal information to make a profit of more than 50,000 yuan, it should be considered as "serious circumstances".
The judicial interpretation also stipulates that if a network service provider refuses to perform the information network security management obligations stipulated by laws and administrative regulations, and refuses to correct after being ordered by the regulatory authorities to take corrective measures, resulting in the disclosure of personal information of users and citizens, causing serious consequences, he shall be convicted and punished in accordance with the relevant provisions of the Criminal Law.
In terms of the applicable rules of fines for crimes against citizens' personal information, the judicial interpretation stipulates that crimes against citizens' personal information should be fined according to law by comprehensively considering the degree of crime harm, the amount of illegal income from the crime, the defendant's criminal record, and the attitude of pleading guilty and repenting. The amount of fines is generally more than one time and less than five times the illegal income.
You must know that investigating personal information has nothing to do with how much money you have. Most importantly, this is illegal and requires legal responsibility. Public security organs also have strict approval procedures when investigating citizens' personal information. If you illegally obtain other people's personal information through some irregular channels, others can file a lawsuit.