Criminal law amendment seven (sale, illegally providing personal information of citizens)

Selling, illegal providing personal information of citizens refers to the state organs or financial, telecommunications, transportation, education, medical and other units of staff, in violation of state regulations, the unit to provide personal information service in the process of performing their duties or non extraction, sale or supply of others, if the circumstances are serious behavior

The subject of crime　　

Sell, illegally providing personal information of citizens subject of crime is a special subject, refers to the state organs or financial, telecommunications, transportation, education, medical and other units and units of staff (natural person). (1) state organs or financial, telecommunications, transportation, education, medical and other unit itself: A. state organs are organs of power refers to the country, administrative organs, judicial organs and the military authorities, in accordance with the law authorized business organization; B. financial unit refers to the institutions engaged in financial activities and the financial sector (banks, policy banks, securities companies, property companies, insurance companies, Trust Investment Company, rural credit cooperatives and other financial institutions); C. Telecom unit refers to the telecommunications sector and business institutions (China Mobile, China Unicom, Chinese China Telecom, Chinese Satcom and business organizations); D. traffic unit is engaged in passenger and goods transport departments and units all levels of the Railway Bureau (, station, company, road transport, water transport, maritime transport, air transport companies and various business organizations); E. education unit refers to the various schools or training institutions of education institutions (private and public education; Youth Activity Center, reading room, library undertaking education function institutions); F. medical unit which is based on the "Regulations on the administration of medical institutions" and "medical "The implementation of the provisions of regulation agency regulations, acquired through registration" organization "practice license of medical institution. (2) state organs or financial, telecommunications, transportation, education, medical and other units of work

The objective aspect of crime

The sale of personal information of citizens, provide illegal crime objective aspect is in violation of state regulations, the unit to provide personal information service in the process of performing their duties or sold, or illegally provides to others, if the circumstances are serious behavior. (1) in violation of the state laws on personal information protection regulations: A. in violation of state regulations is legal and in violation of the National People's Congress and its Standing Committee, to make decisions, administrative regulations formulated by the State Council provisions of the administrative measures, decisions and orders issued by the information controller; B. violates the unilateral commitment or commitment to specific industry standards personal information protection to self-discipline, do not constitute. (2) the implementation of the sale or illegally providing behavior: the sale of A. refers to the personal information of citizens in their own hands at a certain price sold and others, from their own interests behavior; B. illegally providing refers to violation of the provisions of the state on the conservative citizens personal information, personal information of citizens will have their own to perform their duties in the course of the behavior of others to sell, offer other ways (not including own use behavior). (3): the number of serious cases are generally refers to the sale or illegally provides, number more, from the larger, causing serious social impact property seriously, to personal life or life damage; or selling, illegal information provided by others for illegal and criminal activities.

Object of a crime

(1) the object of the crime

The object of the crime, the protection of Chinese criminal law, criminal acts against the socialist society, it is one of the four elements of a crime. The object of the crime is of great significance, is helpful for us to understand the essence characteristic of crime, is helpful to the accurate conviction and sentencing. ?

China's "criminal law amendment (seven)" the provisions of article seventh "one article is added in article 253rd of the criminal law, as one of 253rd", will be the seventh content put in one of the criminal code ten the object of the crime of infringing upon human rights, democratic rights crime. China's ten big criminal object is different according to the principle of the same object, the object of crime refers to the protection of a crime in the criminal law of our country common violations of the social relations of a part or aspect, the most important factor but it is not decided the nature of a crime. The most important factor in determining the nature of the crime is the direct object of crime, the direct object is the key research object of crime, it reveals the social nature of specific crimes against crime and the extent of harm to the society, it also is the key to the judicial practice to distinguish crime and non crime, this crime and other crime. The strip of the citizen's personal information is violated, the direct object of crime of this article is the personal information rights of citizens. ?

What is the right of personal information? The author thinks: the personal information of the owner of personal information free, controlled, and the exclusion of others to violations of the right to. The content of the right of personal information includes information to decide the right, the right to confidentiality of information, information query, information right right of correction, the information blockade, information, information delete right right of return?

(2) the specific connotation of personal information?

For the specific connotation of citizen individual information, the law does not further regulations, combined with China's "personal information protection law" has not been introduced, the judicial practice of this article has certain difficulty. The academic connotation of personal information have different views, typical of a "personal information includes name, address , general, telephone (including mobile phone user information), identity card number, personal or property rights certificate photocopy, resume, history etc.. In short , who all personal information can be without my permission or other relevant departments in accordance with the requirements of the privacy of citizens has become involved as the citizen individual information of object of crime." [1] the "limits of citizen individual information, we think, should be to define its broadly: the so-called personal information is present in any form, and the correlation personal presence and citizens can identify specific personal information, its meaning is very broad and all information about personal data, almost , or can be were identified as personal." [2] in summing up the views of some scholars, the author believes that personal information is any information that directly or indirectly identification of natural persons, each covering a natural person's psychological, physiological, mental and social, economic, cultural and individual, family, etc.. General including name, occupation, job, age, blood type, marital status, religious belief, education background, professional qualifications, work experience, family address, phone number (mobile phone users, mobile phone number), identity card number, credit card number, fingerprint, history, e-mail, online login ID and password. ?

The object of the crime

Sell, illegally providing personal information of citizens is the object of crime of citizen individual information. (1) personal information defined type: A. personal information or correlation definition: personal information including the heart, body, status and other personal facts about, all, judgment, evaluation and all information; the B. privacy definition: personal information refers to the society more reluctant to reveal the number, or is the person very sensitive and doesn't want others to know; C. recognition definition []: the mainstream theory of personal information are those which can be directly or indirectly identified natural person identity and no direct relationship with the public interest and private information. (2) personal information feature information: A. person is a natural person subject information: the individual does not include the legal person or organization; B. personal information could be recognized: personal information is all can directly identify (direct and indirect identification information) (indirect information about himself) sum of confidential information; C. personal information: personal information is not known to the public, only a few people. (3) the rights of personal information privacy attributes: A.; B. ownership; C. [model] personality right.

The identified elements

Cognizance selling, illegal providing personal information of citizens:

The subject qualification qualification;

The object of crime is the unit in the performance of the authority or in the public service functions to collect personal information;

The objective implementation or illegally sell behavior;

The violation of the provisions of the state;

And if the circumstances are serious;

The behavior subjective intention.

Criminal law amendment seven (sale, illegally providing personal information of citizens)