How to convict of leaking personal privacy

According to the provisions of the Criminal Law of our country, whoever violates the relevant provisions of the state by providing citizens' personal information to others or others, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years 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 citizens' personal information is stolen or otherwise illegally obtained, punishment is to be given in accordance with the provisions of the preceding paragraph.

Leaking the privacy of others may constitute the crime of illegally obtaining citizens' personal information, specifically referring to the illegal acquisition of 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.

If it is a crime for a network operator to leak personal privacy, its conduct may constitute the crime of "refusing to perform information network security management obligations".

Legal basis: Article 286 of the Criminal Law of the People's Republic of China stipulates: Where a Lu's network service provider fails to perform its obligations under laws and administrative regulations to manage the network security of Xinchazhou, and refuses to make corrections after being ordered to take corrective measures by the regulatory authorities, in any of the following circumstances, it shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine:

1) Causing a large amount of illegal information to be disseminated;

2) Causing user information to be leaked, causing serious consequences;

3) Causing the destruction of evidence in a criminal case, where the circumstances are serious;

4) There are other serious circumstances.

Where a unit commits the crime in the preceding paragraph, 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 the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Legal analysis: Citizens' personal information is private and cannot be disclosed to others at will, otherwise it will constitute a violation of the law, and citizens can file a civil lawsuit. If the offender provides personal information to others** or citizens, the situation is serious, and the sentence will be up to three years, up to seven years.

Legal basis: Article 1032 of the Civil Code? Natural persons have the right to privacy.

The privacy rights of others must not be infringed upon by any organization or individual by means such as espionage, invasion, leakage, or disclosure. Privacy refers to the tranquility of a natural person's private life and the private space, private activities, and private information that he or she does not want others to know.

Criminal Law article 253-1 Whoever violates relevant state provisions by providing citizens' personal information to others** or to 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.