Personal information protection of legislation in Jiangsu Province: Maximum penalty of 500,000 yuan for sale

This reporter Shen Lin a few days ago, "Jiangsu information regulations" in Jiangsu Province, the Standing Committee was passed.　　The provisions of the regulations that expressly protect personal information have aroused widespread concern in the community, and the industry has called it "landmark" in the protection of personal information. "As civil rights become more and more important, legislation on the protection of personal information is also becoming more and more urgent," Jiangsu Congress Legal Committee deputy director Liukeshi introduced, at present, China's law involves "privacy" protection of the 17 laws, involving "privacy" of 3 laws, "but privacy and personal information is different, for example," Buy a house ' is it privacy or personal information? If it is not privacy, should such personal information be protected?　　"The introduction of Liu," Regulations "from the collection of information, the use of legal liability have specific provisions to protect personal information, whether the provider of information or the acquisition of a person who violates the relevant provisions must bear the legal responsibility," can be said that the regulations in the protection of citizens ' personal information to achieve a ' full coverage ' ". Open "Jiangsu Information Regulations", of which 22 and 23 in the information collection of State organs and non-State organs respectively to make provisions. The provisions on State organs are: the State organs should follow a data source and who collection, who update, who is responsible for the principle, in their respective areas of responsibility to do a good job of information resources collection, maintenance, update, do not repeat collection, long collection. With regard to non-State organs, it is stipulated that units and individuals other than State organs collect information from citizens, legal persons and other organizations, and shall obtain the consent of the collector and specify the purpose.　　The information collector shall use the information collected within the scope of the purpose described to the person being collected. Along with personal information in buying houses, buying cars, communication equipment purchase and installation, home decoration and other areas of extensive collection, personal information is increasingly abused by information collectors even for profit ... Nanjing Normal University Law school Dr. Jiang Tao that in the face of market subjects chasing high profits, ignoring the social public interest situation, the State's Law on information security needs to be more use of traditional public law to intervene in the market to achieve the maximization of social public interests and protect the personal information of citizens.　　From this point of view, the "Information regulations of Jiangsu Province" has made a breakthrough step in the legal system of China's security.　　Article 24th of the Ordinance is of concern: no entity or individual may illegally disclose information collected, sell or otherwise illegally provide information obtained by citizens, legal persons and other organizations, and shall not illegally obtain such information by way of theft or purchase. Liu said that the sale of personal information is strictly prohibited, whether the state organs or units, individuals, as long as the sale of personal information is illegal, are subject to legal sanctions. Liu wanted to introduce that the Regulation 24 was originally a revised draft of the 23 section of the third paragraph, taking into account the state organs have a large number of personal information, as well as the use of personal information in accordance with the law of responsibility, so that the end of their separate, State organs and non-State organs jointlyApplicable。　　Liu said that the State organs have the responsibility to protect the personal information of citizens, State organs should also be responsible for infringement of personal information violations. For the 24th article, regulation 43 stipulates the relevant legal liability: illegal disclosure, sale, provision of information, or to steal, purchase and other means of illegal access to information, by the Government Information Management department at the county level to order its deletion of information, confiscation of illegal income, the unit sentenced to 100,000 or more than 500,000 yuan below the fine,　　The individual shall be fined 10,000 yuan or more than 50,000 yuan, which constitutes a violation of the administration of public security, which shall be punished by the public security organ for the administration of public security; Jiang Tao that the "Information regulations of Jiangsu Province" has built up a link point and safety net backed by administrative punishment and criminal punishment, but this legislation does not stipulate the illegal disclosure of information or obtain the relevant civil relief channels.　　Liu said that the provisions of the regulations are mainly administrative penalties, as for the information collected people's civil compensation and other issues, the collector can be based on the "Tort Liability law" and other laws through civil litigation to solve.　　"Link" foreign legislation protects personal information at present, more than 70 countries and organizations in the world have enacted personal information protection related laws and regulations. The United States has passed a number of laws to protect personal information, such as the Privacy Act, the Information Protection and Security Act, the Prevention of Identity Theft Act, the Online Privacy Protection Act, the Consumer Privacy Protection Act, the anti-Cyber Fraud Act and the Social Security Number Protection Act. The Federal Data Protection Act was enacted in Germany. Canada has enacted the Privacy Protection Act and the Personal Information Protection and electronic Documentation Act. The Law on Data protection was enacted in the United Kingdom. The Law on the protection of personal information has been enacted in Japan.　　The EU has successively formulated the directive on personal protection related to personal data processing and on the free flow of such data, the Convention on Personal protection for the automated processing of personal information and the regulations on the protection of personal data in the automation process. Several channels of personal information leakage Xinhua News agency, Shenyang (reporter Yuli) in the information flow frequently today, everyone's information will have different degrees of leakage, some vendors or outlaws use this information to distribute commercial messages or fraud, Shenyang police attention to several common personal information leakage channels: first, The questionnaire survey in the promotion activities of all kinds of shopping malls. The main "questionnaire", the above fill in the detailed contact information, income situation, credit card situation and so on, the lottery in the shopping, through the lottery ticket on the side of the page to fill out the name, home address, contact information, and other means; When shopping, fill out the informal "after service list", in the purchase of electronic products, vehicles and other items,　　Some informal businesses fill out the informal "service list", apply for free mailing information, bid membership card. Second, register user information on the network.　　To send spam e-mail or telephone inquiries as "bait" to induce the disclosure of personal information, posing as a formal well-known website to steal personal information. The Third kind of tutorialThe personal information requested by Ben and copy shop.　　Mainly have various types of examination registration, to participate in classes such as schools. Police tip: In order to reduce the occurrence of such harassment messages or scams, I hope the people will strengthen the awareness of personal information protection in case of unnecessary loss. Share to: