Notice concerning Punishing Criminal Activities of Infringement of Citizens’ Personal Information According to the Law.
GTZ No. 12
All provincial, autonomous region and municipal higher people’s courts and people’s procuratorates, public security offices and bureaus, the Xinjiang Uyghur Autonomous Region Higher People’s Court Production-Construction Corps Branch Court, the Xinjiang Production-Construction Corps people’s procuratorate, public security bureau:
In recent years, following the rapid development of our country’s economy and the broad popularization of information networks, unlawful and criminal infringement of citizens’ personal information has become more prominent every day, there is a flood of illegal sales of citizens’ personal information on the Internet, and the telecommunications fraud, online fraud, extortion and blackmail, kidnapping, illegal demand of loan repayment and other such crimes resulting from this cannot be stopped despite repeated attacks, the social harm is grave, and the masses react strongly against this. In order to effectively curb and punish criminal infringement of citizens’ personal information, realistically guarantee the security of the broad popular masses’ personal information and their lawful rights and interests, stimulate coordinated social development, and safeguard social harmony and stability, hereby, the relevant matters are notified as follows:
I, Realistically raising understanding, persisting in attacking criminal activities of citizens’ personal information infringement. At present, a number of criminals pursue unlawful gain, and use the Internet to tout citizens’ personal information on a large scale, this has gradually become a huge “underground industry” and a black profit chain. The traded citizens’ personal information includes household registration, banking and telecommunications accounts information, etc., and involves all aspects of citizens’ personal lives. Some personnel in a number of state bodies and financial, telecommunications, transportation, education, medical and maintenance companies, housing intermediaries, insurance, express delivery and other such enterprise and undertaking work units sell or illegally provide to others citizens’ personal information that they have obtained in the process of carrying out their duties or providing services. Brokers for the obtained information have set up data platforms on the Internet, and sell information for the pursuit of quick and large profits on a huge scale. Illegal investigation companies have engaged in illegal loan repayment demands, fraud, blackmail and extortion and other such unlawful and criminal activities on the basis of this information. This sort of crime not only gravely harms citizens’ information security, but it also extremely incites many kinds of crimes, it has become the source of telecommunications fraud, online fraud as well as harassment, “soft violence” and other such new forms of crime, it is even linked with kidnapping, extortion and blackmail, violent pressing for payment and other such criminal activities, influencing the popular masses’ sense of security, and threatening social harmony and stability. All levels’ public security organs, people’s procuratorates and people’s courts must soberly understand the grave harm of this sort of crime, and with a spirit of high responsibility towards the Party and the people, unite their thoughts, raise their understanding, organize matters meticulously, deploy matters carefully, and punish criminal acts of citizens’ personal information infringement according to the law.
II, Applying the law correctly, realizing the organic integration of legal effect and social effect. Criminal infringement of citizens’ personal information is a new form of crime, all levels’ public security organs, people’s procuratorates and people’s courts must realistically protect citizens’ personal information security and safeguard the heights of social harmony and stability, learn from the successful. precedents of the past, comprehensively consider the frequency, quantity, means and amount of profit of selling, illegally providing or illegally obtaining personal information, the harmful consequences that is caused and other such consequences, expand attack strength according to the law, and guarantee that good legal effects and social effects are obtained. Criminal subjects selling and illegally providing citizens’ personal information, except for personnel in State organs, financial, telecommunications, transportation, education or medical work units, also include work personnel of enterprise and undertaking work units in commerce, real estate and other such service sectors who obtain citizens’ personal information in the process of carrying out their duties or providing services. Citizens’ personal information includes citizens’ names, ages, valid identity card number, marital status, work unit, schooling record, curriculum vitae, household address, telephone number and other such information making it possible to distinguish the citizen’s personal identity or information and date that relates to citizen’s personal privacy. Where citizens’ personal information obtained through carrying out duties or in the process of providing services is sold or illegally provided to other persons, and is used by other persons to carry out crimes, resulting in personal injury or death of the victim, or in major economic harm or deleterious social influence, or where the quantity of citizens’ personal information that is sold or illegally provided is relatively large, or the unlawful income is relatively large, criminal liability for selling or illegally providing citizens’ personal information shall be prosecuted according to the law in all cases. Where the quantity of citizens’ personal information that is illegally obtained through theft, purchase or other means is relatively large, or the unlawful income is relatively large, or other grave consequences result, criminal liability for illegally obtaining citizens’ personal information shall be prosecuted according to the law. Where illegally obtained personal information is used to carry out other criminal activities, constituting multiple crimes, they shall be punished in combination according to the law. Where work units carry out crimes infringing citizens’ personal information, the criminal liability of the directly responsible person in charge and other directly responsible personnel shall be prosecuted. It is necessary to expand the application strength of financial penalties, to expropriate the illegally obtained or repeat crime-related capital of criminals.
III, Strengthening coordination and cooperation, guaranteeing the timeliness and efficiency of law enforcement and the judiciary. The network coverage of criminal infringement of citizens’ personal information is broad, and the relationships extremely complex. The location where the criminal act occurs, the location of the consequence of the crime, the location of the criminal’s residence, etc., are often not the same. At the same time, because the absolute majority of such criminal activities rely on the Internet and mobile electronic equipment, and are carried out through instant messaging tools, e-mails and many other such means, investigation and evidence gathering is very difficult. All levels’ public security organs, people’s procuratorates and people’s courts must, on the basis of their respective responsibilities and carrying out their duties efficiently and according to the law, further strengthen communication and coordination, act in concert, cooperate closely, and ensure that case-filing, investigation, authorization of arrests, examination of the complaint and trial procedures proceed smoothly. Where cases of criminal infringement of citizens’ personal information are tracked down, public security bodies must, according to the principle of localized management, timely file a case and investigate it, and timely submit it for examination of the complaint. Where a number of public security bodies have jurisdictional power over a case, the public security body that accepted it first has jurisdiction. Where necessary, it is permitted that the public security body of the major crime location has jurisdiction. Where jurisdiction is clear or there are disputed criminal cases, it is permitted that relevant public security bodies consult. Where an agreement is not reached through consultation, the public security body in question transmits the matter to the same level’s people’s procuratorate to examine and decide on the matter; where a people’s procuratorate believes, according to the provisions on jurisdiction in the criminal procedure law, believe that cases of which they are examining the complaint, should be lodged by a higher-level people’s procuratorate or another people’s procuratorate of the same level, they shall transfer the said case to the people’s procuratorate having jurisdiction; where a people’s procuratorate believes that it is necessary to appoint trial jurisdiction according to the provisions in the criminal procedure law, they shall consult with the same level’s people’s court, to handle matters related to the appointment of jurisdiction. In the process of handling cases of criminal infringement of citizens’ personal information, where these are difficult or complex cases, people’s procuratorates may, at a suitable time, send personnel to conduct research, communication and coordination with public security bodies on evidence collection and other such matters. Where public security bodies apply for the approval of an arrest or submit corresponding cases for examination of the complaint, which conform to the conditions for approving arrests and lodging complaints, people’s procuratorates must approve the matter or lodge the complaint as quickly as possible; where supplementary investigation is necessary, a concrete and clear supplementary investigation outline must be formulated. People’s courts must strengthen their trial strength, accurately decide on matters, and try and conclude them rapidly, according to the law.
IV, Moving comprehensive governance forward. Establish long-term work mechanisms for prevention and attack. Preventing and attacking criminal infringement of citizens’ personal information is an arduous task, we must treat both root causes and symptoms, vigorously explore and construct long-term work mechanisms for prevention and attack. All levels’ public security bodies, people’s procuratorates and people’s courts must, at the same time as punishing this sort of crime according to the law, vigorously participate in comprehensive governance, pay attention to discovering leaks and risks in citizens’ personal information protection work, timely report these to corresponding departments, warn and supervise relevant departments and work units concerning strengthening management and perfecting systems. It is necessary to fully use newspapers, radio, television, networks and many other media platforms to forcefully propagate the determination and strength of the Party and the State to attack this sort of crime, propagate corresponding policies, laws and regulations, warn and educate the broad masses about using legal protections and safeguarding their own lawful rights and interests, and raising their consciousness about and ability for self-protection.
All localities are requested, after they receive this notice, to rapidly transmit this to all levels’ people’s courts, people’s procuratorates and public security bodies. Please promptly report problems encountered in implementation to the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security.
Supreme People’s Court
Supreme People’s Procuratorate
Ministry of Public Security
23 April 2013.
最高人民法院 最高人民检察院 公安部关于依法惩处侵害公民个人信息犯罪活动的通知