KeywordsSpam messages information leaks personal information personal internet banking personal banking
Personal information "weigh". Zhu Huiqing Painting (CFP) Bailong Zhao Ping Telephone number, home address, ID number, bank card number and other citizens personal information, belong to the category of privacy, protected by law. Some lawless elements, for the purpose of profit, will sell or illegally provide personal information to others through various channels, thus providing an opportunity for some illegal acts. 1 person information facing 3 kinds of violations of spam information harassment, real information leakage, bank account information stolen one o'clock in the morning more, the reporter's phone suddenly received a text message, the content is "to provide various invoices." Similar spam messages, including journalists, are received by a number of people every day. In addition to mobile phones, many people's e-mail every day will receive a lot of "junk mail." Obviously, this is due to the personal information of the mobile phone number, e-mail address, etc. caused by the leak. If spam is just a mobile phone or e-mail, the trouble with revealing a citizen's real personal information is even greater. "When the child was born less than 4 months, he had received hundreds of calls to sell insurance, almost every day," he said. The weirdest thing is, how do they know my number? "The residents of Chaoyang District, Beijing, recently unbearable disturbance, often have inexplicable telephone to wake the sleeping child." Even more let her think Impassability is, the other side why can accurately quote their family's name, address, telephone, even the child's birthday know, "in the end who betrayed my personal information?" Ms Wang wants the authorities to manage this. One of the important components of personal real information is identity information. In some websites, "identity card copy Monopoly" information impressively visible. People familiar with the matter said the copies of the illegally sold ID cards were bought from the street copy shops, and some customers threw them away, and some of them were illegally acquired after they were posted for job search materials, tickets for airplanes, and various membership cards. These illegally acquired identity materials are heavily exploited, such as for various membership cards, and even for credit card applications. There are also companies that use these identities as vouchers for tax evasion. In addition to the above two kinds of infringement, the third category of "personal bank account information stolen" is a real infringement of the property rights of citizens. Dongguan residents of Guangdong province last year to go to the bank automatic teller machine to take money shocked to find that their cards on the thousands of yuan is not a penny. He called the bank to inquire and knew that someone had taken all his money away with the same bank card. After investigation, small Lu in the "Online Banking" transaction, the personal online bank account and password by the Outlaws of the "Trojan Horse program" stolen, copied into the "cottage version" of the bank card to get his card cash. Compared with the first two kinds of information, such as bank accounts are directly related to property rights and become the hardest hit in personal information leakage. According to the People's Bank of China, as at the end of the third quarter of 2009, China has issued more than 2.08 billion bank cards, bank card merchants 1.47 million, POS machine 2270,000 units, ATM machine nearly 200,000 units, the amount of bank card consumption in the total retail sales of consumer goods accounted for nearly 34.7%. At the same time, credit card risk issues are becoming increasingly prominent. In particular, the emergence of high-tech criminal means, through the theft of personal information to counterfeit credit cards, or the use of false identity cards to cheat the credit card and other means of committing crimes, not only infringe on the property rights of citizens, but also seriously endanger the financial security of the country. Thus, the protection of personal information of citizens is not only closely related to the individual, but also to the national Credit system, financial system and related areas of security, can not be belittled. 2 The legal weaving protection net sends the commercial text message to be subject to the user approval; Stealing personal information counterfeit credit card 1 more than the criminal responsibility to protect the personal information of citizens, our country has now established a preliminary system and legal framework. According to the "Junk short message" problem, Yang Xiaojun, a professor of law at the National School of Administration, believes that mass advertising text messages without the knowledge of consumers is actually a violation of consumers ' right to know and choose. June 1 last year, the Ministry of Industry and Information Technology issued the implementation of the third generation of mobile communications Business Service Standards (trial) to the garbage message management work to provide for telecommunications business operators without the user's consent to send business information. According to the "Code", telecommunications business operators may not use the short information platform to send users the laws, regulations, administrative regulations prohibited content. Without the consent of the user, the telecommunication business operator shall not send short messages with the commercial propaganda nature to the user. In addition, it was introduced that the Code also enhanced the protection of user information. In accordance with the requirements of the telecommunications business operators in accordance with the law and the relevant provisions of the confidentiality of user information obligations. Unless otherwise stipulated in the laws and administrative regulations, the telecommunication business operator shall not use the user information for inquiring service or provide to a third party without the user's consent, and shall not disclose, delete or tamper with the user's information. According to the disclosure of personal real information, Beijing gathers and law firm lawyer Song Tong introduced, the ninth National People's Congress Standing Committee seventh meeting passed the "PRC Criminal Law Amendment (vii)" has made provision: "State organs or financial, telecommunications, transport, education, medical and other units of staff, in violation of state regulations , to sell or illegally provide the personal information of the citizens obtained in the course of discharging their duties or providing services to others, if the circumstances are serious, they shall be sentenced to three years ' imprisonment or criminal detention, together with a fine of only one place. "Song Tong also introduced last October 16, the implementation of the" two high "judicial interpretation, that is," the enforcement of the criminal law of the People's Republic of China, "the supplementary Provisions (iv) to the criminal Law to supplement and modify the crime, increase the illegal access to personal information crimes, such as the offence. "This charge refers to the state organs or financial, telecommunications, transport, education, medical and other units of the staff, in violation of state regulations, the unit in the performance of duties or the provision of services in the process of obtaining the personal information of citizens, sold or illegally provided to others. "In combating the use of personalInformation on bank card crimes, the Supreme People's Court and the Supreme People's Procuratorate made and last year, December 16, the implementation of the criminal cases of obstruction of credit card management of the specific application of the law of the interpretation of a number of issues also made provisions. "The interpretation will further refine the" use of false identity cards to defraud the credit card ", including the use of other people's identity cards against the wishes of others and the use of forged and altered identity cards to apply for credit cards. Jungong, deputy director of the Supreme People's Court, said in accordance with the "interpretation", the use of stolen identity information to apply for credit cards will face criminal law. "The interpretation also stipulates that the theft, purchase, illegal provision of other people's credit card information related to the number of credit cards more than 1, can constitute a crime." "3 Civic rights awareness to strengthen the expert advice to improve the personal information management, protection system and the corresponding regulatory system" in the spam message, consumers have the right to express their attitude to service providers, and the right to require the relevant departments to strengthen supervision. If necessary, we can sue the service provider and the supervision department to safeguard their lawful rights and interests. "Yang Xiaojun advocated that the fight against violations of personal information, in addition to the protection of the system and the law, citizens should also have a sense of rights, and to do a certain duty of care." "In the use of the copy of ID card, it is necessary in the photocopy of the use of the ID card notes, and the text to cover the ID card pattern above, so that the copy is stolen." "The lawyer Song Tong to remind," the public when submitting a copy of ID card, should remember is to which unit, best make a mark. To the stock exchange, banks, telephone offices and other units to open accounts or access to money and other business, should not be done after the copy of the identity card anywhere thrown away. When you copy your ID card from a copy shop, take away the bad copy. "With the progress of Internet technology, some" online trading platform "the use of more and more high, in bringing convenience to the people, but also increased the security of personal information hidden dangers. In this regard, Dongrong, assistant governor of the People's Bank of China, said the bank would improve safety measures with relevant departments, plug security loopholes and deepen the joint prevention and control mechanism against bank card crimes. Public security organs also suggest that when surfing the Internet, people do not chat, the forum's password and their own bank, security account password to make the same settings. It is best not to set a simple password on the Internet account. such as birthdays or sequential numbers, to prevent criminals guessing passwords, and then through online payments and other means to steal account funds; netizens do not open unknown mail attachments, do not reply or click the link of unknown mail; Do not log on to internet banking and other important websites in public places such as Internet cafes To prevent the theft of important personal information. Song Tong points out that personal information is a kind of citizen's right, and its scope includes information which is unwilling to be known to others in personal life, such as living habits, property status, communication methods, etc. "The Law on tort liability of the People's Republic of China, which was just passed at the end of last year, includes the right of privacy in the scope of protection, further strengthening the judicial practice and perfecting the management of personal information data,Protection system. "" Our country has not yet formulated a special personal information protection law, involving personal information protection norms scattered in different laws and regulations, the following normative documents and industry norms. From the comprehensive implementation of personal information protection needs, the current provisions are not complete. Lu Yanna, a deputy researcher at the Institute of Law at the Chinese Academy of Social Sciences, said that "what principles should be followed in personal information processing activities, what rights the information subjects enjoy in the personal information processing activities, how to sanction those who abuse personal data, and what agencies should be responsible for enforcing the law, etc. Lu Yanna According to his own investigation, in the face of increasing abuse of personal information, only about 4% of the surveyed public have complained or instituted lawsuits, of which only 8.1% per cent have received relief or achieved their purpose through complaints or lawsuits, others or because of the agencies that handle personal information Stall, or give up halfway because you expect to be unable to get relief through a complaint or lawsuit. Therefore, as a large number of personal information is collected and used in the information society, it is necessary to establish our personal information protection system and the corresponding supervision system as soon as possible. The first person to sell other people's telephone number in the country was sentenced (extended reading) This report of the country, one of the most recent violations of citizen information in Guangdong province Zhuhai Xiangzhou District People's court, the accused Zhou become a domestic court to violate the personal information security of new charges for criminal responsibility. According to the court to find out, in November 2008, Zhou in Guangzhou Haizhu District Chang Gang Road, set up a Guangzhou Investigation Co., Ltd., violating the provisions of illegal access to other people's telephone list and personnel information. In December, the defendant Lin Guiyu came to his company to ask Zhou to provide the 14-leader phone number and call list to the fraud gang. Zhou is sold at a price of 1200 yuan or 1500 yuan each, benefiting 16,000 yuan. According to the telephone list provided by Zhou, February 2, 2009, Lin Guiyu with others posing as Zhuhai deputy Mayor Horon, cheated his relatives and friends horse a 50,000 yuan. Between October 2008 and February 2009, Shao, Jianbo, Huangyanwan, Li Binhai, Lin Guiyu, Shao Jinhua, Huang and other 7 people have committed 5, respectively posing as the Enping party secretary, Shenzhen Baoan District Guanlan Fire Squadron captain, Foshan discipline Secretary and other people in urgent need of money for their relatives and friends to do phone fraud, A total of 830,000 dollars illegally. It is understood that the fraud gangs to buy the number of leading cadres around the city, usually from 9 o'clock in the morning to 3 o'clock in the afternoon in accordance with the list of telephone lists to deceive, generally pretend to be the leader of the identity of "something urgent money", let the other remittance to the designated account. The other is due to the leadership of "face", will generally follow the instructions to remit money. Recently, the Xiangzhou District People's Court sentenced Lin Guiyu and other 7 defendants to the crime of fraud for 3 years to 11 years, and a fine of 40,000 yuan to 150,000 yuan; the defendant ZhouIllegally selling personal information is sentenced to 1 years and 6 months ' imprisonment for illegally acquiring personal information of citizens, with a fine of 2000 yuan. According to the senior People's Court of Guangdong province, February 28, 2009, the National People's Congress passed the "PRC Criminal Law Amendment (vii)", for the first time to add a violation of personal information security crime provisions. (Li Yunda)
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