Law

Strictly punish the crime of infringing citizens' personal information according to law

2022-12-08   

The Twentieth National Congress of the Communist Party of China clearly requires "strengthening the protection of personal information". Recently, the head of the First Procuratorate Office of the Supreme People's Procuratorate answered questions from reporters. To adapt to the practical needs and strengthen the guidance of the procuratorate in handling cases: What are the main considerations of the Supreme People's Procuratorate in publishing typical cases with the theme of punishing crimes against citizens' personal information according to law? A: The Supreme People's Procuratorate has released this batch of typical cases of punishing crimes against citizens' personal information according to law. The main considerations include: First, adapting to the practical needs of the people to strengthen personal information protection. While the rapidly developing information network brings convenience to people's lives, it is also inevitably used by criminals. They use various means to illegally obtain citizens' personal information, causing people to be harassed frequently, endangering people's personal and property safety, and even endangering national security due to serious information leakage. According to the Investigation Report on the Protection of the Rights and Interests of Internet Users in China (2021) issued by the China Internet Association, in the past year, Internet users have lost about 80.5 billion yuan in total due to personal information leakage, junk information, fraud information and other reasons. 82.3% of netizens felt the impact of personal information leakage on daily life. Therefore, strengthening the protection of personal information has become a highly concerned issue of the whole society. The second is to thoroughly implement the rule of law requirements of relevant laws and regulations on personal information protection. Our Constitution clearly stipulates the basic rights of citizens, emphasizes the respect and protection of human rights, and makes it clear that the human dignity of citizens is inviolable. Chapter VI of Part IV of the Civil Code stipulates the "right to privacy and protection of personal information", which demonstrates the respect and protection of personal information by the state and laws. The Personal Information Protection Law, implemented on November 1, 2021, stipulates specific measures for personal information protection and improves the legal system for personal information protection. Through sorting, compiling and publishing typical cases, we will better promote the in-depth implementation of laws related to personal information protection. Third, based on the practical needs of strengthening the guidance of procuratorial work. The rapid development of information technology has brought many new situations and new problems to judicial case handling. In 2017, the Supreme Court and Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Application of Law to Criminal Cases Involving Infringement of Citizens' Personal Information, which played an important role in guiding the handling of criminal cases involving infringement of citizens' personal information. However, in the face of complex and changeable social practices and the rapid development of information technology, the definition of information types, the determination of criminal punishment standards, and the verification of numerous and complicated information have become issues that need urgent guidance in judicial practice. To provide guidance for procuratorial work by publishing typical cases. The fourth is to implement the responsibility system of "who enforces the law, who popularizes the law", and strengthen the needs of education warning and rule of law publicity. On the one hand, it warns criminals through cases that if they illegally obtain, sell or provide personal information of citizens in violation of national regulations, which constitutes a crime, they will be severely punished. On the other hand

Edit:sishi Responsible editor:xingyong

Source:http://newspaper.jcrb.com/

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Recommended Reading Change it

Links