Personal information was leaked shortly after the baby was born? Ms. Gu, a novice parent, encountered such a thing! "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 was still immersed in the joy of becoming a first-time mother, and she frequently received various sales pitches**, introducing newborn photography**, and promoting newborn ......products
What 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. #2.More than 60,000 newborn messages were trafficked
1.What is the crime of trespassing information**?
According to the report, the perpetrator Li Guang hacked into a newborn information through hacking technology**, screened out the newborn birth information that met the needs of children's photography stores, mainly including the newborn's gender and parents**, and sold it.
In this case, the perpetrator Li Guang had two stages of behavior, one was to invade ** to illegally obtain newborn data, and the other was to sell the obtained newborn information. Under the provisions of the Penal Code, the acts at these two stages may constitute different offences.
First of all, the conduct in the previous stage constitutes the crime of illegally obtaining data from a computer information system. According to the provisions of the Criminal Law, this crime refers to the act of violating state regulations by the perpetrator by invading computer information systems other than the fields of state affairs, national defense construction, and cutting-edge science and technology, or using other technical means to obtain data stored, processed, or transmitted in the computer information system, where the circumstances are serious.
In the aforementioned case, Li Guang hacked into the information of a newborn baby**, which belonged to the computer information system protected by the aforementioned crimes. In addition, Li Guang's conduct of the newborn's information was an act of processing the data stored in the system, and thus constituted the crime of illegally obtaining data from a computer information system.
2.* What is the crime of the act of newborn information?
Second, the actions of Li Guang and others also constituted the crime of infringing on citizens' personal information. According to the provisions of the Criminal Law, this crime refers to the act of providing personal information to others or citizens, and the circumstances are serious. In the determination of this crime, the determination of "citizens' personal information" is a key issue.
According to the relevant judicial interpretations, the personal information of citizens protected by this crime refers to the information and data that can identify the individual citizen or involve the personal privacy of citizens, including citizens' names, ages, valid ID numbers, marital status, work units, educational backgrounds, resumes, home addresses, ** numbers, etc.
In the above-mentioned case, Li Guang and others sold important information such as the newborn's birth hospital, date of birth, gender, and parents' names, which obviously belonged to citizens' privacy. Therefore, the conduct of Li Guang and others also meets the constitutive elements of the crime of infringing on citizens' personal information.
3.How is the crime of infringing on citizens' personal information sentenced?
According to the provisions of the Criminal Law, there are two levels of statutory punishment for the crime of infringing on citizens' personal information. where the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and where the circumstances are especially serious, a sentence of between three and seven years imprisonment is to be given.
According to relevant judicial interpretations, illegally obtaining, **, or providing more than 50 pieces of whereabouts and tracks, communication content, credit information, or property information; 500 or more pieces of citizens' personal information such as accommodation information, communication records, health and physiological information, transaction information, and other information that might impact the safety of persons or property; 5,000 or more pieces of citizens' personal information other than those mentioned above; These all fall into the category of "aggravating circumstances".
In addition, if it causes serious consequences such as death, serious injury, mental disorder, or kidnapping of the victim; causing major economic losses or adverse social impacts; The quantity or amount is 10 times or more of the standard for "serious circumstances"; These are all "particularly serious circumstances". In the aforementioned case, Li Guang et al. **Newborn information 2More than 60,000 articles, far exceeding the standard of 10 times the seriousness of the circumstances. Therefore, Li Guang and others constituted the crime of infringing on citizens' personal information, and should be sentenced within the range of three to seven years.
In general, with the development of society, the protection of citizens' personal information has received more and more attention. The actions of Li Guang and others have seriously provoked the law and also provoked the care and love of parents of newborns for their children, and should be severely punished in accordance with the law.