On the evening of March 25th, in response to the malicious dissemination of the ID number, table tennis player Fan Zhendong posted: If you continue to know the law and break the law, you will call the police!
Fan Zhendong said that in recent days, his ID number has been maliciously spread and spread rumors on the Internet by some lawbreakers, which seriously infringes on citizens' rights to privacy and reputation. Some people even used their ID numbers to find out the mobile phone number in their name and harassed and abused them, because several numbers handled by their ID were used by their family members, which caused great psychological harm to their families. I advise some people to come to their senses and not to touch the red line of the law. The Internet is not an illegal place, and there will be no umbrella in the fan circle. If you continue to know the law and break the law, you will collect evidence and report it to the police after returning to China.
Such situations are not uncommon
In September 2023, the well-known artist Yang Di posted that his personal privacy information was leaked, and information including ID numbers, mobile phone numbers, ID photos, etc. was exposed by others. As a result, his mobile phone received a large number of strange calls, causing him to choose to change his number.
The screenshot of Yang Di's mobile phone shows that his mobile phone was called in a large number of numbers from different regions in a short period of time. In desperation, he could only choose to change his number, and he also asked netizens for help: "Can you see what website or platform my leaked information came from?"
Yang Di also posted his conversation with "kind-hearted" netizens. It was the netizen who reminded him that his mobile phone number was leaked and sent the content containing the leaked information to Yang Di. The netizen suggested that Yang Di change his mobile phone number, and said: "Others said it was really Yang Di, I didn't believe it, and then others asked me to call, although I am not your fan." ”
After Yang Di shared his experience, many netizens shouted: "It's terrifying! How did it leak?" Some netizens suggested that Yang Di go through legal procedures to sue the person who leaked the information, and Yang Di replied: "It's hard to investigate." ”
Lawyer reminds: Call the police immediately
Lin Xiaoming, a partner at Sichuan Yishang Law Firm, said that according to the provisions of the Civil Code, "personal information is a variety of information recorded electronically or otherwise that can identify a specific natural person, either alone or in combination with other information, including the natural person's name, date of birth, ID number, biometric information, address, telephone number, email address, health information, whereabouts information, etc." ”
A mobile phone number, combined with his or her name, can identify a specific natural person. Therefore, mobile phone numbers are personal information and are protected by law. The act of divulging or disclosing the personal information of others, including the disclosure of mobile phone numbers, constitutes a civil infringement at least, and shall bear the responsibility of stopping the infringement, removing the obstruction, eliminating the impact, making a formal apology, etc., and may also bear the corresponding moral damages due to the infringement.
The Criminal Law stipulates that "whoever violates the relevant provisions of the State by selling or providing citizens' personal information to 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, and if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined". In addition, the Criminal Law also clarifies that "anyone who steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph", that is, "if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine, and if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined".
According to the "Interpretation of Criminal Cases of Infringement of Citizens' Personal Information", "serious circumstances" include "selling or providing whereabouts and trajectory information that is used by others to commit crimes", "illegally obtaining, selling, or providing more than 50 pieces of whereabouts and trajectory information, communication content, credit information, or property information", "illegally obtaining, selling, or providing more than 500 pieces of citizens' personal information such as accommodation information, communication records, health and physiological information, and transaction information, and other personal information that may affect the safety of persons and property", illegal gains of more than 5,000 yuan", so it seems that when the perpetrator commits acts related to infringing on citizens' personal information, it is likely that the corresponding crime will be constituted when he is unaware of it.
The Internet is not a place outside the law
Citizens' personal information is protected by law
Let's join hands
Strictly abide by the red line of the law
Together, create a clear network environment
Source: Micro Youth Shandong (ID: sdgqt2014)" is comprehensively compiled from Beijing Youth Daily, Youth Beijing, Weibo @Fanzhendong, @杨迪, Rule of Law Network, Cover News, Hangzhou Daily, etc