Law

What are the new trends in the five typical cases of infringement of citizens' personal information crimes announced by the Supreme People's Court?

2026-05-09   

Is your privacy information secure? Recently, the Supreme People's Court announced five cases related to crimes of infringing on citizens' personal information, which has attracted a lot of media attention. These cases involve hospitals and railways, which already have a large amount of personal information of residents. Meanwhile, there are also astonishing numbers such as 600 million pieces of citizen information being "unboxed". Two people also purchased Trojan horse programs and implanted them into HPV vaccine appointment websites, obtaining over 290000 pieces of personal information of women for electronic fraud. What problems do the five typical cases reflect? What are the new trends and characteristics of infringing on citizens' personal information now? How should we govern? Severely punishing industry insiders to prevent the leakage of personal information from the source. Wang Ke, a senior judge at the second level of the Criminal Third Division of the Supreme People's Court, said that citizens' personal information is the most core element in the black and gray industry chain of cybercrime. Preventing and eliminating the leakage of personal information from the source is the fundamental way to punish such crimes in accordance with the law. Some departments and industries, in the process of management and production and operation, have obtained a large amount of personal information of citizens, so they should pay more attention to the security protection of the obtained information. Due to the convenience of their profession, 'insiders' often have access to a large amount of personal information of citizens, and they often knowingly and intentionally leak the personal information they hold by taking advantage of their positions, making the harm even more serious. So, their behavior must be severely punished, and industry insiders must be constantly investigated in order to better block the loopholes for personal information leakage. The severe crackdown on such crimes is also aimed at preventing the leakage of personal information from the source and better protecting the personal and property safety of citizens. Wang Ke, a senior judge at the second level of the Criminal Third Division of the Supreme People's Court, stated that "unboxing" is a new type of online violent crime, and this time a case of "unboxing" has been specifically selected. In this case, the defendant first obtained a massive amount of personal information through illegal means, then built a "social work database" to sell others' information for profit, and also established a communication group to publish illegal and criminal information that violates others' privacy and insults in a "unboxing" manner. The people's court has punished such behavior with two charges in accordance with the law, reflecting a severe punishment attitude. The release of this case is also to remind the public that they must not illegally obtain, provide, or sell citizens' personal information, nor should they "unbox" others' private information on the internet for the purpose of venting emotions or profit, or even encourage others to engage in online bullying. For information that has already been "unboxed" and released, we must also ensure that it is not forwarded or spread, and not to follow the trend of insults. For the Internet platform, it is also necessary to strictly fulfill the legal obligation of information network security management, strengthen the governance of network violence information from the source prevention, prevention and control combination, and further protect the personal information security of citizens. We also hope to use the trial of cases to promote industry supervision and fill gaps, strengthen collaboration and governance among departments, and jointly promote the improvement from handling individual cases to managing similar cases and at the source. Judicial considerations of the superposition of sentence and fine: Wang Ke, a senior judge at the second level of the Third Criminal Division of the Supreme People's Court, said that because citizens' personal information contains rich information resources, a complete black and grey industry chain has been formed around citizens' personal information, from illegal acquisition at the source to layer by layer resale in the middle, and then to precise abuse in the downstream. After obtaining citizens' personal information, some criminals often use it for other related crimes. For example, in Case 5 released this time, the defendant illegally obtained citizens' personal information and then used this information to carry out precise fraud. According to relevant laws and regulations, multiple crimes should be punished in accordance with the law, which increases the criminal cost of using information to deceive people. This punishment model also reflects the full protection of different legal rights and interests, which is to make upstream crimes that steal personal information from transactions unprofitable, fundamentally curb the spread of this black and gray industry chain, and form a strong deterrent to such crimes. What are the new characteristics and trends of crimes that infringe on citizens' personal information? Wang Ke, a senior judge at the second level of the Criminal Third Division of the Supreme People's Court, said: Crimes that infringe on citizens' personal information are characterized by the following features: from the perspective of the criminal subjects, they are often colluded with external personnel and industry insiders, and even give rise to professional secret thieves. In terms of criminal methods, with the rapid development of information technology, criminal methods have become more intelligent and covert. From the perspective of criminal consequences, the amount of personal information of citizens involved in the case is now very large, even forming industrialized operations. The consequences of this crime are even more complex, and its harmfulness is stronger. Because the protection of citizens' personal information security is a highly concerned issue for the whole society. In the future, we must adhere to strict punishment for such crimes, while also increasing the application of property penalties and occupational prohibitions, and depriving criminals of their ability to commit crimes again to the greatest extent possible. At the same time, strengthen research, timely grasp the new situation and characteristics of such crimes, and continuously improve the pertinence and effectiveness of judicial response. In the next step of work, we will continue to increase the publicity of typical cases, and continuously enhance the public's awareness of prevention through explanatory propaganda and warning education. We will also closely cooperate with relevant departments to promote comprehensive governance and work together to protect the personal information security of citizens. How to supervise the use and storage of personal information data on the platform? According to the director of the Digital Economy and Legal Innovation Research Center at the University of International Business and Economics, we have very comprehensive personal information protection rules such as the Personal Information Protection Law, Data Security Law, and Network Security Law. The difficulty is not whether there are laws to follow, but the fact that what we see is the black box of the platform. We are all putting our own information on the platform, but we don't know how the platform handles it. The solution is to increase its transparency. At present, various regulatory authorities are conducting evaluations and testing of apps, and the government is continuously clarifying and disclosing the rules for the use of personal information on platforms. However, on the other hand, it should be noted that users are not passive or powerless parties. Users can also actively exercise their rights to access, copy, correct, and delete their personal information, constantly requesting the platform to explain how to make good use of their personal information. At the same time, personal information not only involves the platform side, but also includes direct users of personal information, intelligent terminals, and the platform's software distribution side in the complex ecosystem. In fact, it is necessary to integrate technological governance into the entire transparency through the joint efforts of all parties, make the control of permissions public, and let everyone know which rights and permissions are being used by the platform. I think this is an important part of increasing transparency. (Looking into the New Era)

Edit:Yingying Responsible editor:Yiyi

Source:http://news.cctv.com/

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