legal ground
Article 5 of the 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 of Citizens' Personal Information stipulates that in any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in Article 253 of the Criminal Law:
1. Selling or providing information on whereabouts for others to use in crimes;
2 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);
6, the number of people did not reach the third to fifth provisions of the standard, but according to the corresponding proportion of the total reached the relevant quantitative standards;
7, 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 for others, with the quantity or amount reaching more than half of the standards specified in Items (3) to (7);
9. Having received criminal punishment for infringing citizens' personal information or administrative punishment for illegally obtaining, selling or providing citizens' personal information within two years;
Other serious circumstances.
Extended data:
criminal law
Article 253-1: Whoever, in violation of relevant state regulations, 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. 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. Stealing or otherwise illegally obtaining citizens' personal information, in accordance with
The punishment prescribed in 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.