The crime of infringing citizens' personal information refers to the act of selling or providing citizens' personal information, if the circumstances are serious, or the act of selling or providing citizens' personal information obtained in the course of performing their duties or providing services to buyers.
Protecting interests is the security of citizens' personal information, which is related to the development of everyone's daily life and the maintenance of normal life, not only to personal reputation, but also to social evaluation. The destruction or infringement of citizens' personal information may not only bring material losses to citizens, but also cause mental damage and affect the realization of citizens' rights in social economic life and social and political life.
Illegal acquisition, sale or provision of citizens' personal information, in any of the following circumstances, shall be deemed as serious:
1, selling or providing information on whereabouts for the parties to use in committing crimes;
2, know or should know that the use of personal information of citizens to commit crimes, to 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 to the buyer, and the quantity or amount reaches 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;
10, the circumstances are serious.
legal ground
Criminal law of the people's Republic of China
Article 253 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.