August 20 th
People’s Republic of China (PRC)
Personal Information Protection Act "
vote through
It is scheduled to take effect on November 1.
Which stipulates that
It is strictly forbidden to "kill big data"
APP may not force personalized advertisements to be pushed.
Not illegal
Collection, use and processing
Transfer other people’s personal information
……
For information protection
Plus a legal "security lock"
Case review
At the beginning of 2020, Li Ming (a pseudonym) and his former colleague Wang Li (a pseudonym) had feelings. He promised to divorce his wife and then marry Wang Li. However, Li Ming did not immediately divorce his wife. After Wang Li knew it, she knocked off the child behind his back and deleted the contact information such as WeChat friends, and no longer contacted Li Ming. Li Ming hoped to find Wang Li and get back together with her, so he bought a locator from the Internet and installed it on the car driven by Wang Li.
After Li Ming officially divorced his wife, he found Wang Li’s original residential area through the information of Wang Li’s driving track obtained by the locator associated with mobile phone software, and intercepted Wang Li on the road, and then the two sides had a quarrel. After Wang Li called the police, Li Ming was taken back to the police station by the police. Because Li Ming constituted a crime of infringing citizens’ personal information, the court sentenced him to six months’ imprisonment, suspended for one year and fined him RMB 1,000.
Law link
Article 1032 of the Civil Code [Privacy] Natural persons have the right to privacy. No organization or individual may infringe upon others’ right to privacy by spying, harassing, revealing or making public. Privacy is the private space, private activities and private information that natural people live peacefully and are unwilling to be known by others.
Whoever, in violation of the relevant provisions of the State, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
The Criminal Law Amendment (IX) integrates the crime of selling and illegally providing citizens’ personal information and the crime of illegally obtaining citizens’ personal information into the crime of infringing citizens’ personal information.
Warm reminder
NO.1
Don’t casually expose your whereabouts on social media.
Many people especially like to bask in themselves on social software, but these basking may be targeted. Once they are used by people with ulterior motives, their privacy is likely to be leaked at any time. In fact, many crimes give the murderer an opportunity because the victim’s whereabouts are leaked.
NO.2
Do not download/license software at will.
Nowadays, many softwares on mobile phones need authorization, including phone number, photos, identity, location and so on, which are important privacy. Some bad industrial chains specialize in selling this information. Before that, the Ministry of Industry and Information Technology also published a list of some software that obtained privacy beyond the scope, so you must not download the software at will or authorize it at will.
NO.3
Establish a sense of privacy protection
Many people feel that their privacy has been violated and there will be no big problem, which is wrong. The correct way is to stop the other party’s behavior in time, which is really not good. You can choose to let the police solve it.
NO.4
Be careful when you go out.
Many people’s privacy leaks inadvertently, so we must pay attention to the details of life. Pay special attention to tracking you or contacting your strangers when you go out, and don’t add people of unknown origin to WeChat at will, and pay attention to whether there is a hidden camera in the room when staying in the hotel. As the saying goes, be careful to sail for ten thousand years.
Source: Beijing politics and law,
People’s Daily, CCTV news client,
Previous recommendation
The judge turned into a "red vest" to help the fifth round of nucleic acid detection epidemic
Original title: "Privacy leaks, can’t be prevented? The personal information protection law is coming! 》
Read the original text