Article 9 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, thus causing the disclosure of personal information of users and citizens and causing serious consequences, he shall be convicted and punished for refusing to perform the information network security management obligations in accordance with the provisions of Article 286-1 of the Criminal Law.
2. Criminal law
286th crime of refusing to perform the obligation of information network security management. Internet service providers who fail to fulfill the obligations of information network security management stipulated by laws and administrative regulations and refuse to make corrections after being ordered by the regulatory authorities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined:
(1) leads to the massive spread of illegal information;
(2) Causing the disclosure of user information, resulting in serious consequences;
(3) Causing the loss of evidence in criminal cases, and the circumstances are serious;
(4) There are other serious circumstances.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Second, how to protect rights after personal information is leaked?
1, collect evidence clues. After the information is leaked, it is easy to receive all kinds of emails and phone calls from all over the world. At this time, you should pay attention and write down useful information such as the phone number or email address of the other party. Perhaps this information is trivial, but once collected, it can not only help you defend your rights, but also help more people.
2. Report the case to the relevant departments. Once personal information is leaked, you can complain to the public security department, Internet management department, industry and commerce department, consumer association, industry management department and relevant institutions. The purpose of reporting a case is to protect one's own rights and interests, and the other is to file a case. Once more people encounter similar situations to yours, they can deal with them together. According to the relevant provisions of the Criminal Law, if the circumstances of selling or providing personal information of citizens to others or illegally obtaining personal information of citizens are serious, it may be suspected of a criminal offence, and the public security organ may intervene in the investigation.
3. Remind friends and relatives around you to prevent being cheated. After personal information is leaked, you can not only use this information to steal your account, but also deceive your relatives and friends. So once your information is leaked or your contact tool account number is lost, you must inform your relatives and friends at the first time and ask them to take extra precautions to avoid being deceived.
4. Entrust a lawyer to defend rights. If important personal information is lost and you know how to lose it or have many clues, you can consult relevant laws and regulations with professional lawyers. If the lawyer gives a positive answer, he can use legal weapons to safeguard his rights and interests. If it is leaked in the process of consumption, the infringer can also be required to apologize, eliminate the influence, restore his reputation and compensate for the losses through legal means according to the Civil Code (202 1. 1 Effective) and the Consumer Protection Law.
The purpose is to protect personal information from legal aspects. It is not enough to rely solely on the law, but more on individuals. Only by constantly strengthening the awareness of prevention can we avoid causing losses to ourselves and our families to a certain extent. If an individual or organization is found to intentionally disclose their information, then some legal channels can be used to protect their rights.
legal ground
criminal law