Author: Medical Law Collection.
*Please indicate**: Medical Law Collection.
Recently, 2The news that 60,000 newborns were sold has attracted attention. "Hello, is it Ms. Gu? We are a children's photography store near your home, and we have tailored a baby 100 days** for you, and now the discount is ......In February 2023, Ms. Gu, who lives in Changzhou City, Jiangsu Province, was still immersed in the joy of becoming a first-time mother, and frequently received various sales pitches**, introducing newborn photography**, and promoting newborn ......productsWhat made her feel uneasy was that the other party actually accurately grasped the child's birth hospital, date of birth, gender, parents' names, ** and other important information. Out of a sense of protection for her children and her family, she immediately reported the case to the public security organs.
* Immediately launched an investigation, and the public security organs followed the vine and finally arrested the "behind-the-scenes" Li and his downline Lu and Liu and others. At this point, a black industry chain selling newborn information has surfaced. After investigation, Li used hacking technology to invade a newborn information** and stole 26,663 newborn information, each of which can be sold for 11 yuan to 15 yuan**. As of the time of the case, the three of them had made a profit of more than 30 yuan by selling newborn information.
The report of the 20th National Congress of the Communist Party of China (CPC) made "strengthening the protection of personal information" an important part of improving the level of public security governance, and strengthening the protection of personal information is related to the personal and property safety of the people. "Children are the future of the motherland and the hope of the family. "This case actually involves 260,000 pieces of newborn private information, these little lives have just stepped into the world, and their personal information has been targeted by criminals and ruthlessly involved in a black industry chain. The harm of newborn information leakage is not only an infringement of individual rights and interests, but also a serious damage to the trust system of the entire society.
As a personality right, personal information covers the right of natural persons to control their personal data in accordance with the law, as well as the right to prevent infringement by others. Personal information refers to all kinds of information recorded electronically or otherwise that can identify a specific natural person, either alone or in combination with other information, including the natural person's name, date of birth, ID number, biometric information, address, ** number, email address, health information, whereabouts information, etc. The Civil Code of the People's Republic of China clearly stipulates that "the personal information of natural persons shall be protected by law" and "the personal information of others shall not be illegally collected, used, processed or transmitted, and the personal information of others shall not be illegally bought, sold, provided or disclosed".
Personal information handlers shall draft internal management systems and operating procedures based on the purposes and methods of handling personal information, the types of personal information, the impact on individuals' rights and interests, and possible security risks, and employ methods such as encryption and de-identification, as well as methods such as categorical management of personal information, to ensure that personal information handling activities comply with the provisions of laws and administrative regulations, and to prevent unauthorized access, as well as leakage, alteration, or loss of personal information. This incident also reflects the serious deficiencies and security loopholes in the management of personal information by the personal information processors involved.
In accordance with the provisions of the Civil Code of the People's Republic of China, natural persons who infringe on their personal information shall bear civil liability such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses. where a violation of the administration of public security is constituted, a public security administrative sanction shall be given in accordance with law; If a crime is constituted, criminal responsibility will also be pursued in accordance with the law. Article 253 of the Criminal Law of the People's Republic of China stipulates the crime of "infringing on citizens' personal information", violating relevant state provisions by providing citizens' personal information to others, violating relevant state provisions, providing citizens' personal information obtained in the course of performing duties or providing services, or providing it to others, and stealing or otherwise illegally obtaining citizens' personal information, where the circumstances are serious, shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. In this incident, Li and three others who leaked the information of newborns were sentenced by the court to fixed-term imprisonment ranging from three years and four months to three years, and each was fined between 210,000 yuan and 80,000 yuan. In addition, 370,000 yuan of civil compensation was paid, and a public apology was made at the provincial level.
This incident also reminds us that the protection of information security must not be taken lightly. Both individuals and organizations should strengthen their awareness of information security and take necessary security protection measures. In particular, for institutions involving personal privacy information, such as medical institutions, supervision should be strengthened to ensure that the privacy and personal information of natural persons are fully protected. In addition, ** and relevant departments should also increase publicity on personal information security, and raise the public's attention to personal information and protection awareness.
This article is the original of the Medical Law Collection, **please indicate**).
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