Who made us into a "transparent man" without privacy?

Absrtact: Reporter Shanming Li Jinghua Beijing reported that Mr. Zhang, who works in Zhongguancun, expires at the end of May, and in the previous one months, he was able to receive seven or eight phone calls per day for car insurance. What puzzled Mr. Zhang was that these different insurance companies

Reporter Shanming Li Jinghua Beijing report

Mr. Zhang, who works in Zhongguancun, expires at the end of May, and in the previous one months, he received seven or eight phone calls to sell car insurance every day. To Mr. Zhang's confusion, these salesmen from different insurance companies can clearly quote his license plate number, date and price.

By contrast, Ms. Liu's experience was even more unbearable. Two years ago, she accidentally found a resume she had dropped two years ago on a job site. Her birthday, height and weight, home address, education experience, specialty hobbies and so many personal information at a glance.

"The moment I saw the page, I felt like I was stripped naked, exposed to the public and without any privacy." Ms. Liu said.

There is no doubt that they are one of the victims of countless personal information leaks in today's society.

People's Daily has conducted a survey on personal information disclosure, the results show that 90% of users have been exposed to personal information was leaked, 94% of netizens believe that the current personal information disclosure problem is very serious.

Who made us into a "transparent man" without privacy?

Discriminating's "business"

Beijing Fangshan District People's court has publicly heard a case of using the Internet to resell citizens personal information, accused Chen Yuping in just nearly a year's time through the network to buy and sell personal information, profit more than 40,000 yuan.

Chen Yuping, 27 years old, resigned in 2006 and opened an online store until 2009. April 2009, Chen Yuping for the sale of goods to join a TV shopping exchange QQ group. When Chen Yuping Chat with a group of friends, the first time to understand the personal information trading transactions.

People in QQ group even enthusiastically taught her how to buy and sell personal information, and told her that the job can easily make a lot of money. At that time Chen Yuping just 1 months pregnant, she first from QQ group spent 200 yuan to buy 1000 personal information, hand and effortlessly to 1000 information to 300 yuan price sold to the next buyer in the forum.

Chen Yuping confessed, she easily earn the first 100 yuan, feel that they finally found a easy way to make money, just to sit at home with a mouse, the cash will automatically account, this makes her happy unceasingly. So Chen Yuping every day except for eating and sleeping, pregnant she still spends a lot of time browsing the major forums and social networking sites.

Chen Yuping's every sale and purchase is financed by her first to buy a large amount of personal information from netizens, and then to the forum or social groups to publish the sale of information, when the Internet users to contact her to purchase, she will be a small amount of personal information sent to the other test, when the other party trust and successful through the online bank received payment, She sold all the data to each other.

Chen Yuping said: "I just earn the difference, usually I 2 cents a piece of information bought, someone bid 2.5 cents money I will sell, if the latest data will earn more." ”

In another case of illegally acquiring citizens ' personal information in Fangshan court, the defendant, Hou Yingwu, set up a company in 2008 to conduct transactions involving the sale of personal information of citizens. By January 2010, Hou-Ying has contacted more than 200 netizens who are engaged in the sale of personal information, all through the QQ trading transactions, the huge amount of information has been difficult to verify.

Unlike Chen Yuping, Hou Ying is his own boss, employing Shang, Liu, Wang Yuxia and other three people for personal information trading.

According to Liu confessed: "We 3 people to Hou Ying, the monthly base salary is 800 yuan, and then according to sell the information of 10% Commission." Most of the daily work is in the major forums and social groups to publish the sale of data ads, when with the purchase of information users talk about the price and then report to the Hou Yingwu, and then by the Hou Yingwu contact with the other data and funds of the transaction matters. ”

Shang confessed: "This 1.5 of the time, from my hands to buy and sell personal information has been unable to calculate the number, I only know Hou Ying earned a lot of money, just did not long after he bought a Mazda 6 car." ”

When asked why to sell personal information, Wang Yuxia said: "Because it is easy to make money, do not tired of the work, so Hou Ying let me sell, I also know that this will interfere with other people's lives, violate other people's privacy." But a lot of users who buy data say they are selling products, but nobody knows what they want to do with the data. I didn't think so much, I thought I could make money. ”

Chen Yuping, a highly educated, also said: "I did not find the right job after graduating from college, has been operating shop, did not expect to embark on this road, is to make money too easy, hard to resist." ”

Beijing Fangshan District Court President Cai Huiyong told the economic reference newspaper reporter, each of the outlaws leaked personal information, after many netizens "fuel", formed a huge network trading market. Driven by great interests, the current ranks of these unscrupulous netizens are becoming more and more important to the disclosure and sale of personal information of citizens.

The "industrial chain" quietly formed

In Beijing, Shanghai and other big cities, a collection, processing, reselling personal information "industrial chain" is quietly forming.

February 28, 2011, the Beijing Second Intermediate People's court hearing the illegal provision, acquisition and sale of personal information of citizens, 23 defendants were tried collectively.

Among the 23 defendants, there are unemployed persons specializing in the sale of personal information of citizens, as well as various consulting centers and heads of investigation companies, as well as 6 staff members from Telecom, Unicom or other companies stationed at 10086 customer service centers in China Mobile. These people formed a complete chain of illegally providing, acquiring, and selling personal information about citizens.

According to the prosecution, from March 2009 to December 2009, 7 Huang Weifan and other telecommunications unit staff, using the Telecommunications Unit Service platform, the unit in the performance of their duties or the provision of services in the process of obtaining the personal information of citizens, sale or illegally provided to others 14 people, such as Liu Hongbo, sell illegally acquired personal information of citizens, or illegally provide them to others or resell each other.

The 30-year-old first defendant, Liu Hongbo, said in her reselling information, the general mobile phone master information she bought at the price of 30 yuan per article, and then to 50 yuan to 80 yuan to sell the price, the purchase rate of about 200-400 yuan, but by her one resell can be sold to 300-500 yuan.

Liu Hongbo's business is almost entirely online, the net name "riding donkey naked" she active in more than 10 citizens personal information Trading QQ Group, on the other side to buy the main information, call list, vehicle files, household registration and other information, while actively looking for buyers, resell profit, for this reason, she also built two groups, for marketing.

This by the Telecommunications unit staff, investigation company managers, law firms, such as the group of 23 people, a clear division of labor, distributed in all aspects of the sale, can be called the citizens of personal information transactions "industrial chain" of a "specimen."

Once undertook too many reselling personal information crime case of Haidian Procuratorate prosecutor Lin introduced, in this "industry chain", every "chain" is "tied" interests.

Telecommunications, banking and other industries staff to master the personal information of citizens, the individual uses the position to sell the information to profit, the ordinary Netizen or the business investigation company that does not have the proper occupation obtains the information, sells the profit, the insurance, the real estate intermediary, the recruitment training and so on profession's personnel obtains the information to carry on the telephone sale or other unlawful behavior ... Driven by interest, this black "industrial chain" is becoming scale.

More worryingly, other crimes, derived from the sale, illegal provision and illegal acquisition of personal information, are also constantly touching the nerves of the public.

September 21, 2008, Beijing tour guide An Yi in retaliation for his ex-wife's new boyfriend, killed her at home. Afterwards, the police found that An Yi and the victims did not know, is his hired "private detectives" from the telecommunications company "inside Ghost" where the victim's address information, "private detectives" and then sell the information to An Yi, a scene of tragedy thus occurred.

Beijing Chaoyang District Procuratorate of a survey report, the institute since 2009, has handled the investigation of personal information for citizens of the crime caused by 11 pieces of 52 people, mainly as a detective company, debt collection company for the organization of the carrier illegal business activities. Among them, the criminal suspect Li 4 people, the establishment of Beijing in the investigation Zell Business Co., Ltd., illegal use of tracking, theft, positioning equipment to engage in private detective business, a short period of 3 months, the profit amounted to more than 200,000 yuan.

"Black hands" that disclose personal information

So much personal information is sold, reselling, where is the source? Who is the "Black Hand" that leaks the personal information of citizens?

Some businessmen or individuals through the questionnaire survey, network registration, member registration and other methods to collect user information; consumers in medical treatment, job hunting, car, buy a house, buy insurance, or handle various membership cards, discount cards or bank card when the personal information filled out is sold; network login request Mailbox, Registration of the personal information entered in the chat room or game hall is illegally searched or linked, a large number of personal information stored by business cards on behalf of the printing agency is leaked, property leaks the owner's information;

The procuratorate of Beijing Haidian District, in 2010, analysed 31 cases concerning the disclosure of personal information of citizens, and concluded that motor vehicle sales, real estate agents, banks, telecommunications, hospitals and other industries and their employees often have the opportunity to contact and master a large number of personal information of citizens, These industries in the personal information management of citizens loopholes, coupled with the practitioners of legal awareness is not strong, easy to cause information leakage, so that personal information leaked "hardest hit".

A survey by the Social Survey Center of the China Youth Daily, which was conducted by a 2,422-member public, confirms this. According to the survey, the top three people who leaked personal information in the public mind were telecommunications agencies (76%), recruitment websites and headhunting companies (47%) and various intermediaries (41.9%). The following sorts of orders are: Market research firms (31.9%), financial sector (30.8%), real estate Companies (28.3%), Education (23.6%), medical institutions (23.2%) and Transport (12.6%).

June 8, 2010, 5 employees from China Mobile, China Unicom and China Netcom were tried in the Chaoyang District Court of Beijing. They have used their powers to provide the company with the main information, call lists, the crime of illegally providing personal information on citizens and the illegal sale of personal information on citizens. These 5 people are the Penal Code Amendment (vii) after the promulgation of the first batch of telecommunications "inside ghost".

Of these 5, Wuxiao's case is the most representative. 28-Year-old Wuxiao before the incident is China netcom Beijing Branch Guang ' an door outside the branch of business customer representatives, through the network to understand the "Oriental Hunter" business Investigation Center boss Zhang Ronghao, Zhang Ronghao monthly to Wuxiao pay 2000 yuan salary, let him from the internal inquiry netcom landline machine master information and telephone list. Later, Wuxiao directly to Zhang Ronghao as a part-time investigator, each single "Business" Company received 5000 yuan, and then he and the company 46 points.

Prosecutors Lin told the economic reference newspaper reporter, many companies in the staff when the signing of confidentiality agreement, the agreement will generally require the customer's personal information strictly confidential. "But in fact, in the absence of a moral bottom line of staff, confidentiality agreements are only dead." ”

Experts: Personal Information protection judicial dilemma to be solved

Reporter Shanming Li Jinghua Beijing report

February 28, 2009, the seventh session of the NPC Standing Committee passed the Criminal Law Amendment (vii), clearly defined the sale of personal information, the illegal provision of personal information, and illegal access to personal information three counts of citizens.

Since the implementation of the Criminal Law Amendment (vii), the judicial authorities have stepped up the investigation and punishment of personal information crimes involving citizens. According to the Beijing Haidian District procuratorate Public Prosecution a place Lin, the hospital Public Prosecution Department 2010 years to accept this kind of case 31 41 people, and these two figures in 2009 are 0, the case volume presents the upsurge trend.

However, as a new type of crime, the sale, illegal provision and illegal acquisition of personal information of citizens in the legal and practical aspects of the case still exist a lot of problems, to the judicial practice of confusion, which, to a certain extent, affect the fight against such crimes.

How big is the "personal information" boundary?

According to article seventh of the amendment to the Penal Code, the personal information of citizens refers to the personal information obtained by the personnel of the State organs or financial, telecommunication, transportation, education, medical and other units in the course of discharging their duties or providing services.

"This article provides only the source of personal information for citizens, but does not provide for the elements that citizens ' personal information should have." "Lin said.

According to Lin, some information is the obvious personal information, that is, such information can only be obtained through a specific organ, such as the household registration card, call records, newborn information. However, in more cases, the source of personal information of citizens is not certain, or the source can not be listed by the law of several types of industries covered but clearly contain personal privacy information, such as car owners information. The owner's information is obviously the citizen information that should be protected, but its origin may be the automobile 4S shop, and the understanding that 4S shop can be covered by the transportation industry is not consistent, resulting in the practice of the handling of such cases is a big disagreement.

It is also doubtful whether information from the above-mentioned industries, which is derived from the law, can be classified into citizen personal information. For example, enterprise information includes the enterprise name, address, postcode, the name of the legal representative and contact information, which may be obtained from the business sector, although contains the legal representative of the information, but not for the personal privacy of citizens, such information can be identified as "citizen personal Information" is also controversial.

Zhou, a researcher at the Institute of Jurists at the Chinese Academy of Social Sciences, said that criminal law or judicial interpretation could not determine the boundaries of "citizen personal Information", which should be a problem to be solved by upstream law, specifically, that is, personal information protection law.

How to calculate "violation of state regulations"?

According to the seventh article of the Criminal Law amendment, the key point of the three kinds of crime of selling, illegally providing and illegally acquiring personal information of citizens is "violating state regulations", which is the precondition of determining the "illegality" of the behavior.

Zhou that a general abstract "violation of state regulations", without specific administrative laws and regulations as a guideline, in practice, to how to identify the sale, provision, access to the personal information of citizens "illegal" caused great difficulties.

It is understood that there are in fact the general rules of civil law, contract law, identity card Law, file law, Civil Procedure Law, Criminal Procedure Law, Administrative litigation procedure, Commercial Bank law, Internet E-mail service management methods, and so on a series of laws and regulations involving personal information protection. But generally speaking, these laws and regulations in the relevant provisions, not only too principle, lack of operability, and more fragmented, lack of systematic, but also there is a narrow scope of protection, lack of unified authority and other deficiencies.

Liu Renwen, a researcher at the Institute of Jurists at the Chinese Academy of Social Sciences, argues that it would be difficult to identify the law without a specific personal Information Protection Act. If the problem is dependent on the criminal law, it is easy to cause the criminal law enforcement work overload.

What is the scale of "serious plot"?

"Serious circumstances" is the sale, illegal provision, illegal acquisition of personal information on the crime of crime, which makes a lot of investigators straight scratching their heads.

"There is no law on the Criminal Law Amendment (vii) seventh of the" plot "to define, what is ' serious ', there is no specific standards to be stipulated, can only rely on the discretion of the personnel, the scale is very difficult to grasp. "Lin said.

Nevertheless, the judiciary cannot be unworthy. "We are also summing up, in practice, to obtain the purpose, the number of information and the consequences of harm can be identified as a ' plot ' elements." Lin told reporters.

Problems follow.

First of all, the most common criterion in practice is the number of information, but how many can be identified as a serious episode? The law does not specify.

Secondly, from the point of view of acquisition, some cases of criminal suspects only for personal use, did not infringe on the interests of others, such as to investigate the motor vehicle consumption market and purchase information, such a situation can enter the crime?

Thirdly, to what extent should the consequences of illegal acquisition be required to have serious consequences? There is a lack of guidance in practice.

The way to crack--"walking on Legs"

"My advice is to use the ' walking on legs ' approach to solve problems in the administration of justice before the Personal Information Protection Act is enacted," he said. "Zhou said.

Zhou's explanation for "walking on the legs" is that, on the one hand, the judicial authorities can sum up some regular practices in case handling, such as the criterion of "serious circumstances". On the other hand, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security can, on the basis of a large number of typical cases, jointly study and promulgate relevant judicial interpretations and interpret the "fuzzy zones" in the seventh of the amendment to the Penal Code (vii).

Lin's views are similar, but she gives more specific advice.

Perfect the relevant laws and clear the standard of conviction. The legislature should formulate the supporting rules as soon as possible, in order to further clarify the conviction standard and law application of the crime of selling, illegally providing and illegally acquiring personal information of citizens. The limits of personal information of citizens and the determination of "serious circumstances" should be put forward with operational standards. At the same time, on the basis of summarizing relevant cases and summarizing experiences, the judicial organs can make judicial interpretations on this crime so as to conduct universal guidance. At the same time, the typical cases can be compiled for reference by the investigators. In addition, the superior judicial organ should strengthen the case guidance to the difficult case.

strengthen internal and external communication and unify law enforcement standards. At present, there are many differences in the understanding of the crime of selling, illegally providing and illegally acquiring the personal information of citizens, and the standard of procuratorial three is not uniform in practice, and the three departments of procuratorial should strengthen the communication and establish the unified standard in respect of the evidence standard.

Close multi-party cooperation, solve the problem of forensics. The judiciary should strengthen cooperation with relevant departments to ensure the transfer and verification of evidence. First, we should strengthen the cooperation with the information source units, such as banks and hospitals, to verify the authenticity of the information. Secondly, we should strengthen the cooperation with forensic experts, and study the technical means to determine the quantity of information. Third, strengthen the cooperation with network companies and other trading media, on the one hand to investigate the home, to determine the source of information and deep digging crime. On the other hand, through mutual communication, can also urge network companies to develop and take information audit measures to prevent the occurrence of personal information crimes involving citizens.

However, in Zhou's opinion, the best way to protect the personal information security of citizens is to enact personal information protection law as soon as possible, and it is a general trend to legislate and protect personal information of citizens in the world. However, before the introduction of personal information protection law, the judicial organs should play the role of active judicature, strengthen the summary of the typical cases, and promulgate the relevant judicial explanations as soon as possible.

"This is actually a ' walking on two legs ' process. "Zhou said.

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Personal Information Protection Law brewing for six years

At present, more than 70 countries and organizations in the world have enacted personal information protection related laws and regulations. In the current highly developed Internet, the individual information protection of various countries to legislate separately, is already the general trend.

As a case law country, in 2005, the United States 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. In the April 2011, some heavyweight senators in the United States also proposed a bill on online comprehensive information protection legislation.

Other countries such as Germany enacted the Federal Data Protection Act, Canada enacted the Privacy Protection Act and the Personal Information Protection and Electronic Documentation Act, the United Kingdom has enacted the Data Protection Act, Japan has enacted the Personal Information Protection Act. In addition, the EU has developed a 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.

As early as 2003, the Information Office of the State Council commissioned the Chinese Academy of Social Sciences researcher Zhou as the head of the task Force, to study the drafting of a personal Data protection law expert proposal draft. For two years, the "People's Republic of China Personal Information Protection Act" (expert opinion draft) finally submitted to the State Council in 2005, and other relevant departments of the law Office.

However, six years on, the law, which is full of public expectation, is still "reluctant to appear".