Whoever, in violation of relevant state regulations, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced according to law. In any of the following circumstances, a case shall be filed:
(1) Selling or providing information such as whereabouts and tracks for others to use in committing crimes;
(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.
Legal basis:
Criminal law of the people's Republic of China
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.
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.
Article 5 Whoever illegally obtains, sells or provides citizens' personal information under any of the following circumstances shall be deemed as "serious" as stipulated in Article 253-1 of the Criminal Law:
(1) Selling or providing information such as whereabouts and tracks for others to use in committing crimes;
(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.
The implementation of the acts specified in the preceding paragraph, under any of the following circumstances, shall be deemed as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 253rd of the Criminal Law:
(1) Causing serious consequences such as death, serious injury, mental disorder or kidnapping of the victim;
(2) Causing significant economic losses or adverse social impacts;
(3) The quantity or amount reaches more than ten times the standards specified in Items (3) to (8) of the preceding paragraph;
(4) Other particularly serious circumstances.