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Anonymous users2024-02-12The conviction for leaking personal privacy is as follows: 1. Where relevant state provisions are violated by providing citizens' personal information to others or citizens, and the circumstances are serious, the suspect will be sentenced to up to three years imprisonment or short-term detention by the people's court, 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 relevant state provisions are violated by providing citizens' personal information obtained in the course of performing duties or providing services, or by providing it to others, a heavier punishment shall be given in accordance with the provisions.
Criminal Law of the People's Republic of China
Article 253-1.
Where relevant state provisions are violated by providing citizens' personal information to others, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, 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.
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Anonymous users2024-02-11According 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.
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Anonymous users2024-02-10Legal Analysis: Under normal circumstances, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine. The judicial interpretation further clearly stipulates that the provision of citizens' personal information to specific persons, as well as the release of citizens' personal information through information networks or other channels, shall be deemed to be "providing citizens' personal information" as provided for in the Criminal Law.
Providing lawfully collected citizens' personal information to others without the consent of the person being collected is also "providing citizens' personal information", except where a specific individual is identified and cannot be restored after processing.
Legal basis: Article 286 of the Criminal Law of the People's Republic of China.
In any of the following circumstances, where network service providers do not perform information network security management obligations provided for by laws or administrative regulations, and refuse to make corrections after being ordered to take corrective measures by the regulatory departments, they are to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine:
1) Causing a large amount of illegal information to be disseminated;
2) Causing the leakage of Sun Xu's user's message, 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.
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