Article 60,000 of the Sentencing for the Crime of Infringing on Citizens’ Personal Information shall be punished with a fixed-term imprisonment of not more than three years. "Anyone who illegally obtains, sells or provides citizens' personal information shall be deemed to be a 'serious case' as stipulated in Article 253-1 of the Criminal Law": selling or providing whereabouts information is used by others to commit crimes; illegally obtaining, Selling or providing more than 50 pieces of orbit information, communication content, credit information, and property information; illegally obtaining, selling, or providing more than 500 pieces of personal information of citizens such as accommodation information, communication records, health and physiological information, and transaction information, which may affect personal life , The property is safe; the illegal income is more than 5,000 yuan.
Whoever violates relevant national regulations and sells or provides citizens’ personal information 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 solely be fined; if the circumstances are particularly serious, he shall be sentenced to more than three years. A prison term of not more than seven years and a fine.
How to determine the seriousness of the crime of infringing on citizens’ personal information?
Anyone who illegally obtains, sells or provides citizens’ personal information under any of the following circumstances shall be deemed to be a “serious case” as stipulated in Article 253 of the Criminal Law:
( 1) Selling or providing whereabouts, trajectory and other information for others to use in committing crimes;
(2) Knowing or should know that others are using citizens’ personal information to commit crimes, and selling or providing it;
(3) Illegal acquisition, sale or provision of more than 50 items of trajectory information, communication content, credit information, and property information;
(4) Illegal acquisition, sale or provision of accommodation information and communication records , health physiological information, transaction information and other personal information of citizens, which may affect personal and property safety;
(5) Illegally obtain, sell or provide items (3) and (4) More than 5,000 pieces of personal information on citizens other than those specified in Items 3 to 5;
(6) The quantity does not meet the standards specified in Items 3 to 5, but reaches the relevant quantitative standards in a corresponding proportion;
< p>(7) Illegal gains exceeding 5,000 yuan.I hope the above content can help you. If you have any other questions, please consult a professional attorney.
Legal basis: Article 253-1 of the "Criminal Law of the People's Republic of China". Anyone who violates relevant national regulations by selling or providing citizens' personal information 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 be concurrently or solely fined; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. Anyone who violates relevant national regulations by selling or providing to others personal information of citizens obtained in the course of performing duties or providing services shall be severely punished in accordance with the provisions of the preceding paragraph. Anyone who steals or illegally obtains citizens’ personal information through other methods shall be punished in accordance with the provisions of paragraph 1. If a unit commits the crimes in the first three paragraphs, the unit shall be fined, and the persons directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph.