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.
Extended data:
Case:
20 15, Gao entered the building materials industry and served as the manager of a custom wardrobe store, responsible for expanding the business in the store.
In order to promote his own products, Gao found Qi, who is also a home improvement industry, and asked Qi for a list of owners for free, which recorded in detail the personal information of owners of more than 10 middle and high-end residential areas in Cixi, including building number, room number, apartment area, contact information and other information, with more than 3,000 pieces.
"I need to make achievements. He gave me this list, and some of my customers can also introduce it to him. " After getting the owner's information, we will "follow the map" and "sweep the building" in a targeted manner. He found that the owner was renovating and then promoted it according to the contact number on the list.
And where did Qi's list come from? According to Qi's account, in order to develop customers, he bought personal information of owners of several local communities in Cixi from multiple channels, on the one hand, it was used to publicize his company's business by telephone, and on the other hand, he profited from reselling it.
From 20 13 to 20 16, this illegal and criminal industrial chain involves more than 20,000 pieces of owner information, involving nearly 40 local residential quarters in Cixi. In addition to Gao, Qi also sent this information to nine other employees in the architectural decoration industry for free or paid.
After the trial, the court held that Qi had illegally obtained personal information of citizens and sold it or provided it to others in violation of state regulations. The circumstances are particularly serious and have constituted a crime of infringing citizens' personal information. He was sentenced to three years and three months in prison and fined 6000 yuan. The illegal income of 3,300 yuan will be recovered, and the computers and mobile phones used in the crime will be confiscated.
Higher 10 people illegally obtained citizens' personal information, which also constituted the crime of infringing citizens' personal information, and were sentenced to different penalties respectively.
People's Daily Online-It is also a crime to buy citizens' personal information.