Yibo Wang, a popular actor who starred in the hit TV series ‘Chen qing ling’, sent a tweet late at night on August 3rd asking fans to be sensible and stop harassing him by phone. The reason was that some stalking fans bought Yibo Wang’s phone number from a scalper and dialed him crazily. Only the screenshots posted showed that there were 194 missed calls, what’s more, some stalking fans even tried to use the mobile phone number to log in the software to spy on his privacyand，Yibo Wang was forced to change the number.
It is conceivable that the continuous harassment has caused much trouble to Wang Yibo. Fans strongly condemned these stalking fans for their behaviors are no longer normal chasing star behaviors, but violations of Wang Yibo's privacy and personal information rights . In fact, the extreme group of stalking fans has always been the actor’s obsession and its craziness is not even allowed by law. On the Internet, some news have appeared that actors were tracked by stalking fans, stalking fans sneaked into the actors' houses to steal underwears, gifts the actors received had hidden micro-cameras and other extreme fear things which the above behaviors have touched on the criminal charges of illegal invasion of citizens' houses, burglary and so on. While we feel sorry to the actors, we can not help wondering how such private information such as telephone numbers and address will be known by others?
There is only one reason: citizens' personal information is being disclosed.
In August 29th last year, the China Consumer Association released an investigation report on the disclosure of personal information from apps. which showed that 85.2% people had suffered from personal information leakage. Through investigation, there are three main ways to disclose personal information: the operators collect information without authorization, or operators or criminals intentionally disclosure or sell information or illegally provide others and network service system loopholes.
Obviously, the victim group of personal information disclosure in our country is very large and the main source of information disclosure is all kinds of operators when we enjoy public service and some specialized information theft hackers. In this information age, buying a house or a car, using Taobao and Tmall, even buying a bottle of water are very likely to input personal information into the information system of a businessman. At this time, there will inevitably be some bad operators unauthorized using or package selling of our information in order to gain illegitimate interests or some hackers stealing information from certain network information systems.
Faced with the rampant situation of infringing on citizens' personal information in recent years, the determinations of the state and the law to protect citizens' personal information are more and more firm!
Do you know? The Personal Information Protection Law had been written into the legislative plan of the 13th Standing Committee of the National People's Congress last year that we can belive no longer it can be issued. Apart from this systematic law, actually the protection of citizens' personal information can be reflected in each department law such as Insurance Law, Tourism Law and Public Library Law, which stipulate the obligation of operators and supervisors to keep private citizens' personal information. In 2017, the right to personal information was written into the General Principles of Civil Law, which stipulates that ‘any organization or individual who needs to acquire personal information of others shall acquire and ensure information security according to law, shall not illegally collect, use, process and transmit personal information of others, nor illegally trade, provide or disclose personal information of others.’
In addition to the above protective provisions, the law has zero tolerance for illegal infringers of citizens' personal information. The focusing presure following, which the pragmatic regulation is coming!
For those illegal operators and hackers who sale or provide personal information of citizens to others for illegal benefits, for example, selling phone numbers to bad guys for secretly sending advertisements, promoting houses and cars or introducing cram schools for non-existent children, etc.. The person who sells information, yes is you, but not the person who makes phone calls, will be charged with the crime of infringing personal information in article 253 of the Criminal Law which the highest may be sentenced to fixed-term imprisonment of not more than seven years and a fine of not more than five times the illegal income. Still dare to infringe on citizens'personal informations? The Criminal Law will let you know that what you are selling is not information, but your freedom!
Such a situation may exist:
Operator: I didn't sell it. Can't I be blamed for being stolen?
Criminal Law: Be examption? No way!
The Supreme People's Court and the Supreme People's Procuratorate jointly issued a judicial interpretation on this issue, which basically means: if you operators have been very lovable and careful in managing the information system and have tried your best to protect everyone's personal information security, it is not your fault that they are still stolen by hackers, after all, the law does not force ones hand. .But if the relevant regulatory authorities found the operators are not only lazy, but also don't listen to regulatory overhaul instructions, so that hackers can have the opportunity to cause serious customer personal information leakage. Then I am sorry, you will be accused of refusing to fulfill the obligation of information network security management, and you may be sentenced to fixed-term imprisonment of not more than three years.
With the advent of the information age, we have become more ‘transparent’ on the Internet, we as ‘surfers’ should guard our personal information rights carefully. Information infringement can be reported to public security departments, Internet management departments, consumer associations and other complaints or protect the legitimate rights and interests in accordance with Tort Liability Law and Consumer Rights Protection Law. In contrast, operators or some hackers who specializes in stealing information please ring your alarm bell, do not sell personal information for the sake of petty profits. Because then, what you have sold are not information but your freedom!
