What is the crime of infringing on personal information, and if it is verified, how will it be sente

It refers to the act of illegally obtaining citizens' personal information obtained by state organs or financial, telecommunications, transportation, educational, medical and other units in the course of performing their duties or providing services by stealing or other methods, or illegally providing it to others, where the circumstances are serious.

According to the Criminal Law of the People's Republic of China:

Article 253-1: [Crime of Infringing on Citizens' Personal Information] Whoever violates relevant state provisions by providing citizens' personal information to others** or others, and the circumstances are serious, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where relevant state provisions are violated by providing citizens' personal information obtained in the course of performing duties or providing services, or providing it to others, a heavier punishment is to be given in accordance with the provisions of the preceding paragraph.

Where citizens' personal information is stolen or otherwise illegally obtained, punishment is to be given in accordance with the provisions of the first paragraph.

Where a unit commits the crimes in the preceding three paragraphs, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of those paragraphs.

Criminal Law Article 253-1: Where staff of state organs or financial, telecommunications, transportation, educational, medical, and other such units violate state provisions by giving citizens' personal information obtained by that unit in the course of performing their duties or providing services, or illegally providing it to others, and the circumstances are serious, they are to be sentenced to up to three years imprisonment or short-term detention and/or a fine.

Now there are information sellers everywhere, and no one cares.

1. Where citizens' personal information is illegally obtained, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is generally given, and/or a fine;

2. where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given;

3. Where a unit commits the crime of infringing on citizens' personal information, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the above provisions.

I. How to determine "serious circumstances" in the crime of infringing on citizens' personal information.

1.Illegal and criminal activities are carried out by using citizens' personal information that is provided, provided, or obtained. In practice, some actors, provide or obtain citizens' personal information for the purpose of expanding the company's business or personal connections, while others are for the purpose of carrying out illegal and criminal activities, and their subjective malice varies greatly.

Where citizens' personal information is obtained or used for the purpose of carrying out violations or crimes, the circumstances shall be serious.

2.Providing or obtaining citizens' personal information causes serious harm to citizens' lawful rights and interests, including causing serious mental harm or major economic losses to citizens. Where citizens' normal lives, work, or studies are seriously disrupted, it shall be found that violations of citizens' personal information have caused serious consequences, and shall be found to be serious circumstances.

Of course, it is not only the actual occurrence of the consequences of a crime that constitutes a serious circumstance, but whether the circumstances are serious can be determined in light of whether the consequences of the crime occurred or not, or the degree of risk to the personal rights and property rights of a particular citizen. In general, the circumstances that give rise to the actual damage are heavier than the circumstances that expose the substantial risk.

3.**. The means of providing or obtaining citizens' personal information are heinous. In order to achieve the purpose of obtaining citizens' personal information, some actors often carry out some additional auxiliary acts; Some actors are organized, large-scale, or use bad means to obtain citizens' personal information.

Therefore, in terms of the mode of conduct, where the perpetrator uses violence, coercion, fraud, or other means, or gathers or employs multiple people, or provides or obtains citizens' personal information, it can be regarded as a serious circumstance.

4.The amount of profit from the use of citizens' personal information in their possession is relatively large. That is, the amount of illegal gains from the actor's personal information is relatively large.

The standard for a relatively large amount may be comprehensively determined on the basis of the economic and social development situation and the relevant standards for filing a case, and the amount of citizens' personal information profits of more than 5,000 yuan may be determined to be serious.

5.Other conduct that shall be found to be **, providing or obtaining citizens' personal information, and the circumstances are serious. Although the above standards are not met, if two or more circumstances are close to the above standards, or one circumstance is close to the above standards, and there are other aggravating circumstances at the same time, it shall also be found that the circumstances of illegally obtaining citizens' personal information are serious.

According to the laws and regulations of our country, if the relevant provisions of the state are violated by providing citizens' personal information to others, and the offender is seriously disturbed, he shall be sentenced to three years imprisonment or short-term detention under the first day, and shall be fined concurrently or severally; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.