The new criminal law crime to prevent personal information by illegal trading

In March 10, 2009, Beijing sunny to cloudy

By the end of 2008 move consolidation folder found a printed paralegal resumes, immediately shredding.

At the annual recruitment paralegals and administrative staff will receive a resume. These contain important personal information if the electronic version of your resume, we will in the confidential information management system and regularly delete, if mailed paper version, we will promptly asked whether there are other necessary will resume sent back for non candidate. This treatment is one of the reasons is the high-tech company a few years ago, my friend in Beijing Zhongguancun, the staff recruitment because one of the personnel department staff accidentally lost a candidate's resume, leading to the trouble cannot be returned to the applicant firm for the return of a resume, and finally had to ask a lawyer to coordinate things, this the dispute ended the company give the candidate appropriate economic compensation. At that time, the president of the company and the personnel in charge of the applicants complain too much, say never encountered such a situation, some people even say some regional discrimination of speech. But I was just on the bachelor's degree graduates from other provinces for girls secretly had a respect: with her contact feeling, can be excluded from the basic approach is to blackmail her asking price or revenge, for failure of discontent instead, in a large number of individual information by unscrupulous operators abuse today, I find her at first glance some excessive vigilance and requirements of truth,In our society, so pay attention to the protection of personal information too few people......

 

2Month28Day, the eleven meeting of the Seventh NPC Standing Committee voted through the criminal law amendment (seven), the revised criminal lawIncrease the provisions relating to infringement of personal information of citizens: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, is less than three years imprisonment or criminal detention, or be fined.Prior to this,The State Council Information Office led the drafting of the "personal information protection law" draft has been submitted to the State Council, the draft stipulates the legal responsibility have personal information enterprises and individuals should bear, to prohibit any organizations without approval of the individual, personal information to be leaked to third party.

Legal modification and perfection of the satisfactory progress. However, but in quite a long period of time, the protection mechanism of our personal information is difficult to set up quickly, spam and sales of telephone harassment problems will not because the law amended and promulgated to be smoothly done or easily solved. Because,Serious violations of personal information of citizens is the need to adjust the behavior in criminal law, but, after all, is the last choice of criminal law cannot but in case of criminal procedure, and there would be hard to start problem. In for the perpetrator of criminal responsibility, the most likely to face a difficult dilemma of evidence. Especially that the relevant units of staff in performing their duties in how to effectively, the actual sale or illegally provides information to others, is not an easy thing.Therefore, after the promulgation of the law to the criminal legal norm can be effective execution is we should be an important issue.WhileThe provisions of the "personal information protection law" is the main administrative responsibility, also exists in the effective implementation of the problem.

In fact, had come into force and implementation of the "people's Republic of China Passport Law of the people's Republic of China", "identity card law" the direct provision of the protection of personal information. "Archives Law", "communicable disease prevention act", "postal law", "commercial bank law", "lawyer law" and other laws as well as "the Internet electronic bulletin service management regulations", "medical records management regulations," "Regulations on handling medical accidents", "the National People's Congress Standing Committee on maintenance Internet security decision", "Internet security protection measures", "real name system of personal deposit accounts" provisions of laws and regulations to the law enforcement departments and other occupation activity aware of the privacy of the parties and the protection of personal information provided. These laws and regulations have been directly or indirectly covers personal information need all the protection norms, even so, "personal information protection law" of the formulation and promulgation is still very necessary, because such a law will play the protection of personal information, the unity of the special effect to a certain extent.

In addition to the direct protection of the law, the core of personal information protection should be the final formation protection awareness and self-discipline and social. Because of the social concept, information industry management, science and technology and other aspects of the establishment, failure to recognize the importance of personal information protection in our country for a long time, lead to almost everyone in the imperceptibly into personal information was leaked after wanton obsession: when you buy a new mobile phone,. A new phone, buy an insurance, or to a bank to open an account, buy a house, even you go to the hospital to see a disease, Shangjie for a public welfare activities, and even a need to leave behind the contact method of the private party, after all there may soon be receiving spam messages, letters, calls, visitors a lot come one after another.

The information controller self-discipline mechanism is very important, China's current personal information protection to industry self-regulation mechanism measures of industry are few in number, mainly for the Internet industry and the financial industry.

Here to remind people to strengthen self-discipline in the following aspects:

---Don't over the collection of personal information. At present, some units beyond the normal business needs, collecting a large number of non essential or completely irrelevant personal information. For example, some of the supermarket bar even beauty salons and other businesses in the handling of integral card or membership card, require customers to provide ID number, work mechanism, educational level, marital status, family status, personal hobbies and other information, most of it is unnecessary.

----Do not disclose personal information. At present, some units without the party's license or beyond the limits of necessity to disclose their personal information. For example, publicity some places on the motor vehicle traffic illegal personnel pedestrians, non name, home address, work units and illegal behavior; some banks through the website, the media disclosure arrears name, ID number, address and other information; some school teachers and students on campus online publicity contact, the list of winners, examination results and receive scholarship students list details.

---Do not provide personal information. Without legal authorization or consent, not the personal information to other institutions or with the same industry exchange and sharing. At present, between banks, insurance companies, airlines and other agencies without authorization by customers or beyond the scope of the authorization to share client information is widespread. Of course, the worst is the sale of personal information. Find a survey, the emergence of a large number of selling the owner information, information, business information, stock information, user information, owners of Telecom patient information social phenomenon, and the formation of a new industry. For example, people in the purchase, purchase a car after the formalities, hospital and other, related information is the institution or its staff to the housing intermediary, the insurance company, maternal and child supplies, advertising companies and other enterprises. 

As a private citizen, can do in addition to careful to provide personal information, the rest isIn the personal information has been abused positive complaints. Of course, the responsible person and to what agency, or by who as the object of litigation is difficult to determine, unable to obtain evidence, complaints or the litigation cost is too high cases, complaints are not actively is not difficult to understand. 

Also want to correct a misunderstanding: some people think that the perfection of criminal law amendment and legislation of the so-called "human flesh search" restrictions or blow, this basically is the two problem. On the "human flesh search", usually understood to explore human like information previously released, through the search party identity, qualifications, contact, address of family, social relationship etc.. First of all, there is no legal regulations prohibit Internet users through the Internet search problem is purely personal information, collected information is published on the web and the information and then further use, release problem relates to the user's compliance with the "Regulations" the Internet electronic bulletin service management and "the Standing Committee of the national people's Congress's decision on safeguarding Internet Security" and other regulations and site Convention etc.. The next step, if the "human flesh search" implementation further implementation of personal attacks (network or reality), and may commit a tort problem has been effective in the implementation of the security regulations and the criminal law and the civil law, these problems will not change because the perfection of the personal information of the amendment of criminal law and legislation and. Therefore,Therefore, the "human flesh search" not facing problems because the criminal law amendment and easier to solve, around the "code of ethics" human flesh search "and the debate about the legitimacy of a long time in the future will continue.

So in conclusion speaking,Personal information protection is leading to poor human flesh search has become one of the possible reasonsPersonal, but give up the right of privacy of personal information (active uploaded on the network can be browsing is unspecific majority and retrieval of information) even in the perfection of personal information protection is still has the potential to become the object of human flesh search.So the key to the protection of personal information is self-discipline, self-discipline is mainly the information controller, including personal self-discipline: careful and timely protection measures.

Although the effective protection of personal information has become represent the general trend, but actually it is not easy,Is not simply a law can solve all kinds of complicated situations, it must be able to cope with the social reality, but also the whole community understanding and support.Of course, despite the complete protection of the personal information of the road is still very long, but the journey of a thousand miles begins with a single step, the NPC Standing Committee, the draft is not only the contemporary social respect for individual privacy, fully embodies the modern civilization.