Legal Analysis
The crime of illegally obtaining citizens' personal information refers to the crime of illegally obtaining citizens' personal information by stealing or other methods from the state organs or financial, telecommunication, transportation, education, medical and other units in the process of performing their duties or providing their services, and selling it or illegally providing it to others, with serious circumstances. The law clarifies the concept of personal information and the rules for handling it, regulates the handling of sensitive personal information such as face information, emphasizes that excessive collection of personal information is not permitted, prohibits businesses from automating decision-making through "big data to kill maturity", and regulates the installation of image-capturing and personal identification equipment in public ****places. In recent years, the protection of personal information by law has been increasing, but in real life, some enterprises, organizations and even individuals, from the perspective of commercial interests, arbitrarily collect, illegally obtain, overuse, illegally trade in personal information, and the use of personal information to intrude on the people's peace of mind and jeopardize the lives, health and property safety of the people, and so on, are still very prominent. In the age of information technology, the protection of personal information has become one of the most direct and realistic interests of the general public.
Legal basis
The Chinese People's **** and the Criminal Law of the State Article 253 Postal workers privately open or conceal, destroy mail, telegrams, shall be sentenced to fixed-term imprisonment of not more than two years or detention. If a person commits the preceding crime and steals property, he shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law. Article 253-1 Whoever, in violation of the relevant provisions of the State, sells or provides citizens' personal information to another person under aggravating circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to a fine in addition or singly; if the circumstances are particularly serious, he or she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be sentenced to a fine. Anyone who, in violation of the relevant provisions of the State, sells or provides to another person citizens' personal information obtained in the course of performing duties or providing services shall be subject to a heavier penalty in accordance with the provisions of the preceding paragraph. Anyone who steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph. If a unit commits any of the first three crimes, the unit shall be sentenced to a fine, and its directly responsible supervisors and other directly responsible persons shall be punished in accordance with the provisions of each paragraph.