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 on Citizens' Personal Information.
Article 5 Whoever illegally obtains, sells or provides citizens' personal information under any of the following circumstances shall be deemed as "serious" as stipulated in Article 253-1 of the Criminal Law:
(1) Selling or providing information such as whereabouts and tracks for others to use in committing crimes;
(two) 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);
(six) the quantity does not meet the standards stipulated in items 3 to 5, but it reaches the relevant quantitative standards of the corresponding proportion;
(seven) 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 others, with the quantity or amount reaching more than half of the standards specified in Items (3) to (7);
(9) Having been subjected to criminal punishment or administrative punishment within two years for illegally obtaining, selling or providing personal information of citizens due to infringement of their personal information;
(10) Other serious circumstances.
The implementation of the acts specified in the preceding paragraph, under any of the following circumstances, shall be deemed as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 253rd of the Criminal Law:
(1) Causing serious consequences such as death, serious injury, mental disorder or kidnapping of the victim;
(2) Causing significant economic losses or adverse social impacts;
(3) The quantity or amount reaches more than ten times the standards specified in Items (3) to (8) of the preceding paragraph;
(4) Other particularly serious circumstances.
Article 6 Illegal purchase or acceptance of citizens' personal information other than items (3) and (4) in the first paragraph of Article 5 of this Interpretation for legal business activities shall be deemed as "serious circumstances" as stipulated in Article 253-1 of the Criminal Law in any of the following circumstances:
(a) the use of illegally purchased or received personal information of citizens to make a profit of more than 50 thousand yuan;
(2) Having been subjected to criminal punishment or administrative punishment within two years for illegally buying or accepting personal information of citizens due to infringement of their personal information;
(3) Other serious circumstances.
Whoever commits the acts specified in the preceding paragraph and illegally sells or provides personal information of citizens purchased or received shall be convicted and sentenced according to the provisions of Article 5 of this Interpretation.
Extended data:
1. Definition type of personal information:?
1, personal information type or related type definition. Personal information includes all the facts, judgments, evaluations and other information about individuals, such as people's heart, body and status.
2. Definition of privacy. Personal information refers to what most people in society are unwilling to disclose or are extremely sensitive and unwilling to be known by others; ?
3. Identify the definition. Personal information refers to private information that can directly or indirectly identify the identity of a specific natural person and has no direct relationship with the public interest.
Second, the characteristics of personal information:
1. The subject of personal information is a natural person. The subject of personal information does not include legal person or organization without legal person qualification; ?
2. Personal information has identifiable people. Personal information is the sum of all the information about me that can be directly identified (direct information) and indirectly identified (indirect information); ?
3. Confidentiality of personal information. Personal information is not known to the public, but only to a few people.
References:
Baidu Encyclopedia-Crime of illegally obtaining citizens' personal information
References:
Baidu Encyclopedia-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 on Citizens' Personal Information