revised ID card law, disclosure of personal information of citizens, constitute a crime shall be investigated for criminal responsibility, which gives highly intrusive bring a ray of hope. CFP Figure
Waste moving two-dimensional code on the ticket containing personal identification information, phone scanning software can be easily cracked.
personal information, is a person’s “state secrets.” This is March 23, 2008 Express Edition commentary A19 title.
in the past three years time, many people’s “state secrets”, does not seem to get complete protection. Your mailbox stuffed with junk mail, cell phones often receive a “winning message”; bought a house, dozens of companies advise you to go to the decoration decoration; you just register for the test, dozens of training institutions to mobilize your training. These unsolicited services, it is easy to emotional ruin.
10 24, the NPC Standing Committee first considered the draft amendment identity cards, intended to increase the provision of information to ensure the safety of individual citizens, states that “the units and their staff to perform duties or provide services process to obtain personal information of citizens, should be kept confidential. ”
this message, so unbearable harassment of people with a trace of something to look forward. While some are very long advertising messages harassment can not sleep a good sleep, it was in the process of reviewing and preparing the bombing was “crash”, as well as a liar who even took aim, are kept away 2,300 yuan. “Do not know how much these new regulations can play the role, but better than nothing.”
□ Express correspondent Tianxue Ting Lei
personal information has shown a normal commercial
safety legislation to protect the personal information of citizens need to speed up
a rare front-page
10 24, the NPC Standing Committee first considered the resident ID card law draft amendment. The first generation ID cards on January 1, 2013 to cease the use of fingerprint identity card registration information to be added, the proposed increase in terms of ensuring security of personal information of citizens, become the majority of newspaper headlines the next day.
Public Security Vice Minister Yang Huanning introduced to the end of 2010, China had 1.04 billion people received a second card. The current generation of cards held by the country, yet the number of renewal of the second generation of citizens has been very little evidence. Certificate as soon as possible to change a generation, second generation ID card and use the situation, while leaving the masses to not renew the permit sufficient time for renewal of the second generation, according to the promulgation of the draft organization of work during the year, the residents of the existing draft Article ID Act 22 (2) amended as follows: in accordance with “Regulations of the PRC identity card” to receive the ID card, since January 1, 2013 ceased to use. In addition, the draft law in Article 13 of identity cards is added as the second paragraph: “The unit and its staff perform their duties or provide services for the process to obtain personal information of citizens, should be kept confidential.”
yesterday, the twenty-third session of the Eleventh National People’s Congress adopted the law to vote. The revised identity card law, the relevant units and individual citizens disclosure of personal information constitutes a crime shall be investigated for criminal responsibility; not constitute a crime, law and order to be detained, fined, the illegal gains shall be confiscated. Also provides that harm to others, it shall bear civil liability.
“espionage action” continues
media coverage of personal information security issues at great length, but citizens are still in the disclosure of personal information. Jiangsu Chen Jie, general manager of real estate stone, is the latest victim.
“15:43 110 Million from the sale! Top Luxurious apartments × × × × real estate, shocking debut.”
“15:46 110 Million from the sale! Top high fitted apartments × × × × real estate, shocking debut. “
” 15:51 10 月 31 日 Halloween day to ××××, play half the cost, the wizard ghosts of the night, have you participate in … … “
” 15:52 110 Million from the sale! top Luxurious apartments × × × × real estate, shocking debut. “
” 16:06 Nanjing Xin Jie Kou × × large first × × × × hotel grand opening of the exhibition, various new stage … … “
” 16:08 Dear VIP clients, we offer you a selection of travel packages, pure Antarctic take you leap … … “
” 16:10 Chen, hello! I × × × × real estate companies Liu, tomorrow we where × × × × real estate opened, the scene cars test drive … “
10 28 afternoon, drive back to the unit of Chen Jie, SMS voice kept coming, he thought it is important to notice of the meeting, they quickly took advantage of a red light turn on the phone, can this view, fire immediately come up. “These are all harassing messages. Receive these messages when driving more dangerous!” Chen Jie said: “I do not understand is that my phone number is how they will be there?”
Chen Jie believes that these units of information sent, he basically had no dealings, most of their information is “reselling” the. He then sent the message content into their own micro-blog, is yet to come added, “35 minutes of spam messages, there are students interested in a class action it? Attorneys’ fees out of me!”
“This marketing success you”
“the day, nearly twenty to receive such messages, I feel a bit too much. I carefully thought, the reason may be due Friday, we desperately want to advertise on this day, to let others participate in the weekend activities as possible. “
Chen Jie ten years in real estate, combined with the recent performance of the property market, he said that developers can understand the pressure, after all, as a form of real estate marketing, SMS marketing is low cost, quick one. Even so, Chen Jie could not make a legal adviser or the phone: “I’m angry, I do not know what their phone number was leaked to the people.”
However, the lawyer Reply to Chen Jie some frustration: “The actual experience from your point of view, the relevant information has been leaked is a fact, but how the burden of proof, in the end who leaked your information, can not do it.” Chen Jie did not give up, and contact the communications manager of operator customers, direct protest, but did not expect the customer manager, said the information came from a legitimate communication terminal, “There is no way to seal people’s legitimate signal.”
hear such a reply Chen Jie and sighed: “They put it all makes sense, but I am receiving harassing text messages as people do nothing can be done?” Chen Jie admits, as a real estate company in charge, they also used a few years ago through SMS marketing tools, but each time you use this method, they will send text messages for co-operation with clear requirements: must not be sent during working hours, the maximum extent possible to reduce the degree of harassment of people, “Do you think if people are so disgusted , and such marketing, but also the success of it? “
signed up to receive PubMed SMS
Chen Jie confused, their phone number which was leaked link , but lawyers Lv Jianfeng found the clues in one fell swoop the Ministry of Education and Hohai University to court.
Lv Jianfeng from Nanjing University law graduate, became a practicing lawyer. Early last year, he decided to apply for Master of Public Administration of Tsinghua University (the MPA), broaden their knowledge.
accordance with the relevant requirements of the examination, Lv Jianfeng in June last year, log on “China Academic Degrees and Graduate Education Information Network” for online registration, and in accordance with site requirements, fill out detailed personal information, including name, gender , origin, education, identity card number, home address, phone number, address and even family members and phone numbers. Subsequently, the system automatically generates a “master’s degree in 2010 in-service personnel qualification table.”
last July 15, Lv Jianfeng to the point of Hohai University, on-site registration confirmation, and paid 240 yuan registration fee. October 11, Lv Jianfeng received a ticket, the examination site in Nanjing University. However, from registration to get the ticket, in just three months time, Lv Jianfeng received numerous phone spam messages. These messages, some known as MPA can provide answers to the exam, while others say cheating tools can provide, as well as direct representation of the “package too.”
“All of these messages for me in the exam, clear objectives and clearly well prepared.” As a lawyer, Lv Jianfeng, sensitive to these unexpected messages, and MPA application is likely to have association, “My phone number is to register online and on-site confirmation provided, from this point of view, I suspect that the information in these two areas were leaked.”
appear in Lv Jianfeng Even people who have sent messages liar, can not rule out the existence of a true opportunist. “If you really cheating, then I would like to power through the examination of such people who mean a great injustice?” Lv Jianfeng said that in the process of preparing for the exam, they have been bombing these crazy do a spam “collapse.” He also learned that many students participate in this examination of the students, colleagues have the same experience.
end of October last, decided to give up the examination at the same time, Lv Jianfeng decided to play a privacy rights case, he Ministry of Education Degree and Graduate Education Development Center and the Hohai University to court. At present, after the case through trial, has not yet been sentenced.
buy a car has led to phone fraud
and Lv Jianfeng compared to the “returnees” He is more bad luck, not only his personal information was leaked, but also losing the 2300 yuan.
Mr. Chen and his girlfriend in the seven or eight years abroad, in May this year after back to Changzhou. September 13, he went to a car, Changzhou, 4S shop bought a sport utility vehicle, and on a temporary license.
after a few days later, Chen suddenly received a phone call, the person claiming the Vehicle Administration staff, Mr. Chen to check the vehicle information. Yuehua Jian, the other will be ID number, address, car time reported out, and said the car can tax. Believed Mr. Chen, who reported their bank card number. After the family heard, immediately told Mr. Chen may be taken. Sure enough, when Mr. Chen arrived at the bank, found the card 2300 yuan has all been removed.
cheated after Mr. Chen was puzzled, his home phone number is after the run. And in this period of time did not buy a house, hotel did not even lived in, how personal information leaked out on it? He is careful retrospect, that liar on the phone out of his initiative to report the license plate number, but the license plate is on September 16 just selected, a total of only 5 days before and after,
Therefore, in addition car, so much information at the same time the possibility of leaked too.
other important details, Mr. Chen has also been noted – is he playing liar’s phone number, ID number quoted is his girlfriend. Because the bike off-road vehicles to his girlfriend’s name is Mr. Chen to buy the vehicle registration information on his girlfriend’s ID number, and telephone Consignee Mr. Chen is their number. Chen believes that this further indicates that their personal information leaked by the possibility of a great car.
So, Mr. Chen decided to rights through legal means, the 4S shops, insurance companies and Changzhou Vehicle Administration with court. Mr. Chen wrote in the complaint, the acquisition of vehicles for more personal information, personal privacy, the defendant will only have three, outsiders can not know. Wants the court to order the defendant to investigate consolidation, strengthen security work to ensure the legitimate rights and interests are not infringed.
request in the proceedings, Mr. Chen proposed that the defendant was ordered to take strict security measures to prevent similar incidents; apology to the plaintiff; the defendant to bear joint and several tort liability. Zhang said Chen’s agent, telephone fraud incidents occur frequently repeated, economic losses to many people, the lawsuits, the major also aims to serve as a warning, to arouse the attention of all parties to protect individual citizens information is not leaked.
owners group was lurking to steal information
growing popularity of the Internet applications of the moment, some of the criminals start using the Internet to illegally collect information about others, under which the information is categorized, a selective SMS marketing, or directly used for other illegal purposes. Chen Jie, Lv Jianfeng Chen, all personal information stolen by strangers. Nanjing, a district south of the owners who were seemingly warm “neighbors” took aim.
recently, residential property owners in this main group QQ group, found a “pseudo-owners.” 1 month ago, this 602 room claiming three owners of the “Xiao Sun” apply to join the QQ group, participate in community discussions. Because the district is building Forward House, the real owner can not verify the information, the main group in the preliminary examination, they put into their group. Subsequently, the “Xiao Sun” direct publicity, publicity, etc. to find someone, the owners within Xiangqun promote a decorating company.
“At first, we did not take too much notice.” Primary group Wu Hong (pseudonym) said, can over time, residential property owners who would have received harassing messages, text messages constantly, every day have a good few, basically the same content, is recommended this interior design company, “technology is good, low fees, high cost.”
Just when everyone was upsetting when another room claiming 3 602 owners have to apply to join the QQ group, which makes the main group about Miss Hong perplexing, “in the end who is the real owner ? If not, why should the owners itself? “with questions, the main group separately to the two” owners “to verify the information, and soon after the” Xiao Sun “disappeared.
Today, the “Xiao Sun,” gone, no longer the object of our concern, but an indisputable fact is that the owners of the fake “Komago” latent into the QQ group after the first time residential property owners within the grasp of the contact, even if it found that he still had access to the use of personal information sent to the owners to sell their message.
“But I can not find evidence of”
some personal information was leaked who have had the same experiences – and the banks and other institutions contacted, the phone began to receive the various kinds of marketing messages, the citizens of Nanjing Mr. Hu is one of them. Although Mr. Hu would be able to infer in the end is who leaked the personal information, but faced with the difficult problem of proof.
An industry source said the central bank announced in February this year, “Bank of China on banking financial institutions to do the work of protecting personal financial information” which provides banking financial institutions in the collection, preservation, use of external provision of personal financial information, should strictly abide by the law, take effective measures to strengthen the protection of personal financial information to ensure information security, to prevent information leaks and misuse. “” Commercial Bank Law “and” Administrative Regulations on Savings “early on banks to protect customer information has made some very specific requirements, but some confusion in the bank’s internal management, legal awareness is not enough, leading to a high incidence of leakage.”
In January, the public Hu chose a new phone number. “After number from the operating room for them, I would like to change as the phone number, credit card number via SMS have to follow the change, so they called the bank’s customer service call.” Hu said, customer service, after carefully checking the identity, immediately SMS notification to help him change the number, but then trouble ensued.
Hu says that to change the credit card number via SMS only a few hours, he received a real estate marketing message, then did not take too much notice, “they thought it was a general advertising.” Much to our surprise midnight Mr. Hu has been awakened by a continuous few messages, “are some of the selling cars, shops and small loans SMS.”
After more than a month, Mr. Hu can be heard every night. ” familiar “ring,” These people will forget the day hair hair, which also made aware of the night, because of the nature of work, the unit requires 24 hours a day, not one day that time I slept a good sleep. “
Hu unbearable harassment, start looking for the source of leaked cell phone number, his eyes locked on in the bank. “That just finished changing numbers, I could not even my wife did not notice, contact the bank on the phone, and then began to receive a variety of messages, I think, is the bank disclose my information.”
and the same happened to Chen Jie, Hu consulted some of the legal profession, “the other told me that my biggest problem is the burden of proof is difficult, because I did not, it is difficult to find evidence to prove who leaked the information.” helpless Under Mr. Hu just go for mobile phone numbers, but this time he kept that in mind, no longer requiring banks to replace the SMS notification number.
recent years, commercial activities on the personal life has shown a normal interference and intrusion. While wandering the edge of the law, but telemarketing, customer’s precise target marketing is still a lot of businesses as a successful business model to use. The legal status of personal information, commercial activities, legal and ethical boundaries and where? Reporters recently interviewed Jiangsu Su law firm partner Yan Geng lawyer.
business legislation refractory fundamental moral decline
disclosure of personal information
case is difficult to play
note: A friend recently renovated, Since then a few months no less than nearly a dozen phone decoration company, how should he do?
Geng: In practice, very difficult now to defenders. In the case without the consent of, the owners have renovated the company bought the property and personal information that is improperly obtained, used, is certainly a violation of the rights of the owners.
question is, how are you rights, going to court litigation claim that? Losses is difficult to quantify, decoration companies will say, you just received a phone call only, what loss? If you can not be quantified, only to mention a more general requirements: to stop infringement. However, if the case really hit the court, this decoration company will not sell you again, but maybe other companies will harass you.
this is the current embarrassment, why? Many say the topic of privacy, but many people do not know the laws in our country, and there is no “privacy” argument, which is no formal legislative level and raised the issue of privacy. In judicial practice, the general reference to the reputation treatment. To fight defamation lawsuit, the general claim is to restore the reputation, to stop the infringement, apologize, but the spirit of the compensation received little support.
not the spirit of compensation, the best direction to move, the owner may only telephone charges to the decoration company to lose. But there are exceptions in the law, some leakage of personal information can play non-infringement lawsuits, such as breach of contract complaint can play. For example, if the confirmation is the bank sold the personal information, the angle from the breach of contract lawsuit. Because the individual is the bank’s customers, and banks on a contractual relationship exists.
note: This gives the impression that the infringement of privacy law at low cost.
Geng: It can be seen from the status quo, our privacy legislation in some lag. In some countries, there are a series of provisions around privacy, legislative trend is very clear, not only on the right to claim itself, but also can recover the spirit of comfort. China in 2000 before and after the discussion of privacy is very hot. There were two ways, one is direct legislation, a judicial interpretation, our choice is the latter.
Although it can achieve the purpose of litigation, the result is the same surface, but the West is perfectly justifiable to protect privacy, we respect the degree of privacy is not enough, the rights themselves may increasingly be ignored. Analogy, the same 100 million of claims, the West will recognize, others violated my privacy why they lose money, which is essentially different. Selling others steal information for profit, which is also a business ethics issue. Over time, people’s sense of morality will gradually decline, the situation there today, not without reason.
from another point of view, privacy legislation lags behind for a reason, because the law concerns the reality, but reality is that most people are not very concerned about privacy, unless the material interests involved. It can be said to be violated most ordinary people, ordinary people rights is the most difficult.
sale of personal information into the crime
does not include the commercial area
note: enacted in 2009, “Criminal Law Amendment (g)”, the increase convicted of stealing and selling personal information provisions, is not to have some deterrent effect?
Geng: It is worth noting that this provision set the subject, that “state agencies or the financial, telecommunications, transportation, education, medical and other units of staff.” These officers will perform their duties in the unit and service process to obtain personal information of citizens, illegal sale or available to others, is the crime.
example to you friends, for example, unfortunately most of his information is the property’s developer or sell them, but whether the developer or property companies, are not within the scope of the above subject, which is say no crime involved. But if the insurance company called me, because the financing unit involved crime.
legislative intent is not difficult to expect that national staff and the staff of these public services is authorized by law to perform their duties or provide services, their requirements will naturally be higher. From the existing case, it was not found, the existing cases are Vehicle Administration staff, a bank and telecommunications staff who are involved in crime because of their identity.
note: the amendment in the “other units” in the name of its retroactive effect, how?
Geng: The law, which is typical of a general list, the explanation can not be enlarged. Reselling of personal information the subject of crime is that the state government workers and the public services staff, in principle, the national staff should be higher requirements. Characterization of other crimes, from the criminal and sentencing, was also very prominent reflection. Such as the corruption of public officials and non-occupied positions of public officials from the criminal point and sentencing, are different.
from this article can also be seen, legislative or cautious. But also pay attention to “the Criminal Code Amendment (g)” the second paragraph of this article, “to steal or otherwise unlawfully obtained the above information, the circumstances are serious, shall be punished in accordance with the preceding paragraph,” this paragraph is no limited to the subject, that is, the average person or unit in order to steal and other illegal methods to obtain personal information, can be identified as a crime.
the law’s shortcomings is the lag, because the cumbersome procedures and the principle of prudence. If personal information was leaked to the phenomenon of the proliferation of legislation may also be targeted for change.
business moral decline
non-legislative rule can
in mind: we feel that the disclosure of personal information of state organs is small, but the commercial sector is has been normalized.
Geng: and the law compared to the constraints of moral difficulty is the uncertainty and normative, which is opposite the law – the law is everything always required specifications and determined.
and the moral and civic than business ethics more difficult to regulate and determine. Civic and moral culture of five thousand years of accumulation, there is a perception of moral high degree of convergence, but the business ethics is not, is a set of traditional and secular point of view, gone.
I worked for many companies within the legal norms, but most of the people is bound, such as employee code. But have never done business code of conduct, because there is no way to be or can not use the file specification.
would like everyone is disgusted with telemarketing. I believe that this is certainly within the enterprise business model is a moral, if there is telephone sales staff to sell a shop, it is estimated will be a large increase in recognition of leadership – the invasion of his privacy, improper access to information to the benefit of others so be “moral” and “justified”, and this is the problem.
ethical issues are often not the legislation can solve the social aspects of ethics, can be facilitated through the legislative and judicial, moral need interaction between citizens, that is to guide public opinion. However, in areas of business ethics, much more complex, because the principle is for-profit business world, that is what they think of heaven. In legitimate business activities that, in the improper and even illegal business activities is also true, for example, food safety issues.
business ethics, the role of legislation refractory fundamental. Optimistic estimate is that, with more frequent events, public order and good morals and public opinion will lead a unified business activities, the right business value and ethical system, supplemented by legislative and judicial integrity, but this will undoubtedly be a long process.
Express Reporter Shi Lei made Division
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