Law

Selling personal information, both subject to punishment and compensation

2025-08-22   

A telephone number, a ID number, a seemingly insignificant string of numbers, but related to the safety and security of specific individuals. Recently, the People's Procuratorate of Jinping District, Shantou City, Guangdong Province, while prosecuting a case of infringement of citizens' personal information in accordance with the law, filed a criminal incidental civil public interest lawsuit against the defendant who caused the leakage of citizens' personal information and damage to social public interests. The Jinping District Court has made a guilty verdict against the defendant in accordance with the law, and reached a mediation agreement for the criminal incidental civil public interest litigation. The defendant has paid a public interest compensation of 23000 yuan and publicly apologized in the municipal media. At first, I thought it was just a favor to my friend. He gave me a reward or gave me gifts. ”Later, as more and more personal information was requested, I realized that it might have been illegal, but after receiving so much money and gifts, I couldn't stop, "the defendant Ji confessed in the interrogation transcript. According to the review, during the period from 2019 to September 2024, Ji was making illegal profits. He used the convenience of doing auxiliary work in the traffic police brigade to illegally query citizens' name, ID card number, contact phone number, address and other registration information through the work intranet platform for many times, and sold them to Xu Moubin (another case) at the price of 50 yuan for each complete information and 10 yuan for incomplete information, from which he made an illegal profit of 23000 yuan. His behavior led to the disclosure of a large number of citizens' personal information, which constituted a crime of infringing citizens' personal information. During the review process, the criminal prosecution department of the court believed that Ji's behavior was not only suspected of infringing on citizens' personal information, but also led to the leakage of citizens' personal information and damage to the public interest. Therefore, it was simultaneously transferred to the public interest litigation prosecution department of the court for criminal incidental civil public interest litigation review. The public interest litigation prosecution department of the court, after examination, believes that Ji's behavior violates the relevant provisions of the Personal Information Protection Law and the Civil Code, and infringes on the privacy rights of an unspecified majority of citizens. They have filed a criminal incidental civil public interest lawsuit with the Jinping District Court in accordance with the law, requesting Ji to compensate 23000 yuan in public interest compensation and publicly apologize in media at or above the city level. In the end, the criminal incidental civil public interest litigation part of the case was mediated under the supervision of the Jinping District Court, and Ji voluntarily paid a public interest compensation of 23000 yuan and publicly apologized. The Jinping District Court sentenced the defendant Ji to eight months' imprisonment, suspended for one year, and fined 3000 yuan for the crime of infringing on citizens' personal information in accordance with the law. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Procurator General's Daily

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