First, do lawyers have the right to view personal privacy?
If someone inquires about personal information privately, and there is evidence that it is illegal to collect it privately. Invade their privacy. One of Article 253 of China's Criminal Law stipulates that employees of state organs or financial, telecommunications, transportation, education, medical and other units who, in violation of state regulations, sell or illegally provide citizens' personal information obtained in the course of performing their duties or providing services 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. Whoever steals or illegally obtains the above information by other means, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph. Where a unit commits the crimes mentioned in the preceding two 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 each paragraph.
Second, do lawyers have access to personal information?
A lawyer can obtain the personal household registration information of the other party with the notification of case acceptance. Lawyers have the right to investigate and collect evidence by themselves, and only need "two certificates". When meeting a criminal suspect or defendant, you must have "three certificates" (lawyer's practice certificate, certificate of law firm, power of attorney or legal aid letter). However, although there are clear provisions in the law, it is generally difficult for lawyers to obtain evidence on their own, and defendants are often unwilling to cooperate. If criminal cases are involved, lawyers may have to bear their own personal risks.
Third, how to obtain the identity information of the defendant?
First of all, the court examines whether the application of the parties meets the legal requirements to determine whether they have the right to investigate and collect evidence. In the rules of evidence, the provisions on the court's authority to obtain evidence are vague, and people who are obviously not qualified take a evasive attitude. Once the application is decided by the court, the parties have no other remedy.
Secondly, the current situation of "too many cases" in the court does not allow judges to have more time to investigate and collect evidence, and choose the way to issue an investigation order to the applicant.
But at present, the investigation order can only be held by the litigation agent, and the parties have no right to obtain the investigation order. Even with an investigation order, the relevant departments will not cooperate with evidence collection. In the indictment, the plaintiff needs to provide the identity information of the defendant to identify the defendant, and the court needs to send a subpoena and other documents and contact the other party. If there are relevant clues, the plaintiff may entrust a lawyer to the police station for retrieval. If you really don't know the identity information of the defendant, but know the 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 court won't take it by itself.
We can see that although our country's laws stipulate that personal information can't be disclosed at will, it can be regarded as a person directly involved in the case for the entrusted lawyer, so personal information investigation is allowed, but it is limited to one lawyer and should be kept confidential.