Do lawyers have access to personal information?
With the case acceptance notice, the lawyer can retrieve the other party’s personal household registration information. Lawyers have the right to investigate and collect evidence on their own, and only need "two pieces of evidence." When meeting with a criminal suspect or defendant, you must have the "three certificates" (lawyer practicing certificate, law firm certificate, power of attorney or legal aid letter). However, although the law has clear provisions, it is generally difficult for lawyers to obtain evidence on their own, and defendants are often unwilling to cooperate. If a criminal case is involved, the attorney may act at his or her own risk.
How to retrieve the defendant’s identity information?
First, the court examines whether the party’s application complies with legal provisions to decide whether to investigate and collect evidence ex officio. In terms of evidence rules, the court's authority to collect evidence is vague, and it adopts a shirk attitude towards people who are obviously not qualified. Once the application is decided by the court, the parties have no other remedy.
Secondly, the court’s current situation of “more cases and fewer cases” does not allow judges to have more time to investigate and collect evidence, and choose to issue an investigation order to the applicant.
However, currently the investigation order can only be held by the litigation agent, and the parties have no right to obtain the investigation order. Even if they have an investigation order, the relevant departments will not cooperate in collecting evidence. In the indictment, the plaintiff needs to provide the defendant's identity information to identify the defendant, and the court needs to send subpoenas and other documents and contact the other party. If there are relevant clues, the plaintiff can entrust a lawyer to go to the police station to obtain them. If you really don’t know the defendant’s identity but know his contact information, you can contact him. The court will usually file a complaint to see if it can be mediated, and then notify the other party to provide it. The courts won't take it themselves.
It can be seen from the above analysis that although our country's laws stipulate that personal information cannot be disclosed at will, for lawyers who accept the entrustment, they can be regarded as people directly involved in the case, so personal information is allowed to be investigated, but only within A lawyer should maintain confidentiality. If a lawyer leaks information carelessly, you can consult a lawyer for help. us