Personal information suspected to be leaked pick up legal weapons rights (figure)

Moderator: Wen Yu this period guest: Shanghai Tian Ming law firm Lester Lee Lawyer Securities Times Network Rights channel: I reported the first half of this year securities practice exam. Then often have a Beijing counseling agency, in the securities of a pass (after), send me information to me to enroll in their remedial class, (and) promised to package, but (then) refund. There is a message that I still keep. Today, there are counseling organizations to call me, the second half of the year to do not report securities practice classes. I think that my personal information should be leaked, I have never disclosed such information on any website or forum. Excuse me, what should I do? --Investor Zhao's personal information suspected of leaking host: In fact, Mr. Zhao proposed is a personal information should be protected by law and how to protect the legal issues. To this end, this issue of human rights protection letter box Shanghai Tian Ming law firm Lester Lee lawyers to answer. According to the materials provided by Mr. Zhao, do you think that personal information may be disclosed? Lester Lee Lawyer: According to Mr. Zhao, I think his personal information is likely to be compromised. Personal information includes the personal name, age, sex, occupation, income, investment, domicile, telephone and other information, marriage, children, property and other related personal privacy information content. Personal information of citizens covers all aspects of personal life and basic human rights, and the protection of personal information security is essentially the protection of the basic rights of citizens. In modern society, information is ubiquitous. In addition to a lot of market economy information, there are countless personal information. The market competition is fierce, the personal information is becoming some merchant customer source important channel, obtains the information also becomes the merchant to win the way. However, in order to gain personal benefits, a few outlaws use various improper means to obtain individual information of citizens in disregard of the national law and the moral norms to be followed. One of the most common methods is to pay the relevant staff to purchase information, the price of each information for a few cents, or even a few dollars. such as the tireless sales of insurance, gold and other financial products calls; children just born, sales of milk powder, fetal brush and other infant products followed; children face exams, a variety of training courses, examination materials such as advertising. It feels like there's always a pair of eyes watching you, everything is exposed in broad daylight, lack of a minimum sense of security. All this comes from the loss of personal information. Mr. Zhao said, in the "Securities business examination" after the continuous remedial class message or call to encourage participation in remedial classes. If there is no other reason, the loss of personal information may belong to the above situation, the applicant institutions have information loss of the major suspicion. The driving of economic interests, the weak legal consciousness and the lack of public morals are the root causes of the overflow of the citizen's personal information loss. Disclosure of personal information is a tort host: From the above case, investors Zhao's personal information suspected to be leaked, to his daily life brought inconvenience. So, from a legal standpoint, how do you define the behavior of disclosing personal information? Lester Lee Lawyer: The motives of disclosing personal information are contemptible and their behavior is abominable。 Not only affect the personal life and security of citizens, but also violate the basic rights of citizens, is a serious infringement. For a long time in the past, due to the lack of awareness of the importance of personal information protection, the legal provisions of the protection of personal information in our country are insufficient, some provisions are not strong, in particular, the civil liability provisions should be not clear when violating the provisions, which directly leads to a serious loss of personal information in social life. In recent years, the situation has improved a certain amount. Both the ID card Law and the Passport Act stipulate that the relevant organs and their staff should keep confidential the personal information of the citizens "who are aware of the work." "Internet security Protection technical measures provisions" stipulates that "Internet service providers, network use units should establish a corresponding management system." The user registration information shall not be disclosed or disclosed without the consent of the user except as otherwise provided in the laws and regulations. "The loss of personal information has repeatedly been banned, social reflection is strong." In this respect, the amendment to the criminal law of the People's Republic of China (VII) Seventh stipulates: "The staff of the State organs or the financial, telecommunication, transportation, education, medical and other units shall, in violation of the provisions of the State, make the personal information of the citizens obtained in the course of discharging their duties or providing the services If the circumstances are serious, they shall be sentenced to three years ' imprisonment or criminal detention, and shall be fined at a single place. "The above-mentioned laws and regulations and other relevant provisions of the relevant institutions and personnel to protect the personal information of citizens, especially the implementation of the Criminal Law Amendment (VII) has a strong legal deterrent, is the protection of personal information and the legal basis for the accountability of offenders." The leakage of the circumstances can be seriously reported moderator: In view of the current many industries and areas of personal information leakage incidents, as a party, how should safeguard their legitimate rights and interests? Lester Lee Lawyer: According to Mr. Zhao, the above candidates have leaked Mr. Zhao's personal information suspicion, the truth needs further investigation and verification. However, such personal information leaks not only affected the reputation of the relevant institutions, but also caused a serious decline in social credibility. As to how individuals should safeguard their rights, the relevant measures can be taken. First of all, the parties may, through various legal means and channels to investigate the source of personal information in a timely manner, if the relevant institutions are the result of leakage, they can negotiate with them to stop the wrongful act immediately. Secondly, the parties concerned may lodge complaints with the relevant regulatory authorities and request an investigation. Once verified, the legal responsibility of the candidates should be investigated. As a securities industry examination institutions should be more consciously abide by national laws and regulations, for the confidentiality of customer information is one of its obligations. Third, if the disclosure behavior of the applicant organization causes the actual economic loss of the parties, the parties can be prosecuted for the legal responsibility of the applicant institution. Although the investigation, the proof work is more difficult. But once they can be verified and held accountable, they will have a deterrent effect on the leak. If the breach of the circumstances is serious, the parties may report to the public security organs and seek the criminal responsibility of the leak. Perfecting personal Information Protection system Moderator: On perfecting personal Information protection system, can you talk about your views? Lester Lee Lawyer: First of all, establish and improve the relevant laws and regulations. The law should make clear that the individual information autonomy is a basic right of the person, the parties have independent decision on the disclosure and scope of personal information, and confirm that the right is protected according to law; Secondly, the relevant departments should establish the legal system of personal information protection. One is to strictly restrict the collection of personal information by non-governmental organizations and to prevent any person or organization from illegally acquiring personal information. Secondly, strict sanctions should be imposed on the serious consequences of the unlawful disclosure of information, including civil, administrative and criminal liability; third, improve the judicial protection and relief system. Once the personal information has been violated, the system should ensure that the information owner can act in accordance with legal rights and hold the legal responsibility of the relevant institutions and the responsible person. The judicial organ should not be prevarication, but should actively investigate and collect evidence and improve the efficiency of law enforcement after the parties have filed a complaint. Citizens should learn to protect themselves and avoid the inadvertent disclosure of personal information.