First, the concept and characteristics of the crime of infringing citizens' personal information
The crime of infringing citizens' personal information refers to the act of illegally obtaining, selling or providing citizens' personal information in violation of national laws and regulations on the protection of citizens' personal information. The characteristics of this kind of criminal behavior are mainly manifested in the following aspects:
First of all, the object of infringement is the security and privacy of citizens' personal information. Personal information is important information about citizens' personal identity, life and work. Once illegally obtained and abused, it will cause serious damage to the legitimate rights and interests of citizens.
Secondly, the subject of crime usually includes individuals and organizations. Some lawless elements obtain citizens' personal information by illegal means for personal gain and sell it to people or organizations in need.
Finally, there are various criminal means, including cyber attacks, hacker attacks, theft, fraud and so on. These means make personal information face great risk of disclosure.
Second, the harmfulness of the crime of infringing citizens' personal information
The crime of infringing citizens' personal information is extremely harmful. First of all, it seriously violates citizens' privacy and information security, leading to the abuse and disclosure of citizens' personal information. Secondly, this kind of criminal behavior may lead to the increase of criminal activities such as telecom fraud and online fraud, which will bring great instability to society. Finally, it may also lead to the disclosure of important information such as state secrets and business secrets, and damage national security and economic interests.
Three. Measures to prevent and combat crimes against citizens' personal information
In order to prevent and combat crimes against citizens' personal information, we need to start from many aspects. First of all, strengthen the formulation and improvement of personal information protection laws and regulations, and clarify the scope, standards and responsibilities of personal information protection. Secondly, raise citizens' awareness of personal information protection and educate citizens how to protect personal information from being leaked. At the same time, strengthen the research and development and application of network security technology to improve the technical level of personal information protection. Finally, intensify the crackdown on crimes against citizens' personal information and severely punish criminal suspects to play a deterrent role.
To sum up:
The crime of infringing citizens' personal information is a serious illegal and criminal act, which poses a serious threat to personal privacy and information security. We need to strengthen the formulation and improvement of personal information protection laws and regulations, improve citizens' awareness of personal information protection, strengthen the research and development and application of network security technology, and intensify the crackdown on crimes against citizens' personal information in order to safeguard citizens' legitimate rights and interests and social stability.
Legal basis:
Criminal law of the people's Republic of China
One of the provisions of article 253rd:
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 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.
people's republic of china network security law
Article 44 provides that:
No individual or organization may steal or otherwise obtain personal information, or illegally sell or provide personal information to others.
People's Republic of China (PRC) personal information protection law
(Draft) stipulates that:
No organization or individual may illegally collect, use, process or transmit other people's personal information, or illegally buy, sell, provide or disclose other people's personal information. Anyone who violates the provisions of this law and infringes on the rights and interests of personal information shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.