Should an internet company provide the infringer s personal information?

No one can disclose other people's personal information casually, except for the judicial authorities.

Online infringement is handled as follows: Where a network user uses a network service to commit an infringing act, the rights holder has the right to notify the network service provider to take necessary measures such as deleting, blocking, or disconnecting the link. The notice shall include prima facie evidence of infringement and the true identity information of the right holder.

After network service providers receive notice, they shall promptly transfer the notice to the relevant network users, and where necessary measures are not taken in a timely manner, they are jointly and severally liable with the network users for the expanded portion of the harm.

Article 1194 of the Civil Code of the People's Republic of China: Where network users or network service providers use the network to infringe upon the civil rights and interests of others, they shall bear tort liability. Where the law provides otherwise, follow those provisions. Article 1195 of the Civil Code of the People's Republic of China: Where network users use network services to commit infringing acts, the rights holder has the right to notify the network service provider to take necessary measures such as deleting, blocking, or disconnecting links.

The notice shall include preliminary evidence of the infringement and the true identity information of the right holder. After network service providers receive notices, they shall promptly forward the notice to relevant network users, and employ necessary measures based on the preliminary evidence and type of service that constitutes infringement; If necessary measures are not taken in a timely manner, the network user shall be jointly and severally liable for the expanded part of the damage. Where the rights holder Qiao Zheng causes harm to network users or network service providers due to erroneous notification, it shall bear liability for infringement.

Where the law provides otherwise, follow those provisions.

Online personal information infringement can be requested to stop all infringement through negotiation or litigation. Of course, if there is a leakage of personal information on the Internet that has caused very serious damage to the person, he can be investigated for criminal responsibility.

1. How to deal with online personal information infringement?

Online personal information infringement can be requested to stop all infringement through negotiation or litigation. In serious cases, it may be suspected of illegally obtaining citizens' personal information. The case may be reported to the public security organs, and the criminal responsibility of the relevant units or individuals may be pursued.

Article 253 of the Amendment (VII) to the Criminal Law of the People's Republic of China, which stipulates that if a staff member of a state organ or a financial, telecommunications, transportation, educational, medical and other unit violates state regulations by providing personal information of citizens obtained by the unit in the course of performing its duties or providing services, or illegally provides it to others, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine.

2. What are the personal information protection measures?

In order to effectively protect personal information in a fast-moving network, it is necessary to understand the following points.

1. First of all, from the national level, in today's era of rapid development of the Internet, it is necessary to strengthen the protection of network information. We should call on the relevant state departments to improve laws and regulations as soon as possible, and require the cyber regulatory authorities to take up their regulatory responsibilities, and the law enforcement authorities to strictly enforce the law and punish cybercrimes.

2. From a personal perspective, netizens should learn to protect themselves. The most basic thing is to use it in a secure network environment, using a personal computer and installing a firewall. Don't use the networks of public networks and Internet cafes that are not very secure.

3. Secondly, we should be cautious about personal information and do not easily store important private information on the Internet. The openness of the network may lead to the flow of information to anyone and whomever it is, and the harm is self-evident.

5. Browsing traces can also be used to derive personal privacy, so the cookie information and history collected by the browser should be cleared frequently. All kinds of agreements that require the storage of personal information should be taken seriously, and fragmentary information can also be sold to a person.

6. Finally, while using the network, they should learn and understand the principle of network information dissemination, and improve their comprehensive ability to protect their own network information.

In our real life, many people may be very disgusted with some personal information leakage problems, mainly thinking that there is no way to solve these personal information leaks, in fact, this is not the case, if from the overall family situation, it is completely possible to pursue the tort liability of the other party through civil litigation.

Tort liability refers to the civil legal consequences that a civil subject should bear as a result of committing a tortious act. The characteristics of tort liability are as follows: (1) Tort liability is the legal consequences that a civil subject should bear due to its violation of its obligations under the law.

The contractual obligation is a kind of pure filial piety obligation set between specific parties, and the violation of the contractual obligation to be a contributor constitutes a liability for breach of contract. 2) The basis for tort liability is tort, and without tort, there is no question of tort liability. (3) In addition to the property liability such as compensation for losses and the return of property, the perpetrator or person responsible for tort liability may also bear non-property forms of liability such as stopping the infringement, restoring the reputation, eliminating the impact, and making a formal apology.

Article 1165 of the Civil Code provides that if the actor infringes on the civil rights and interests of others due to his fault and causes damage, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability. (The effective date of the Civil Code is January 1, 2021).