Sentenced! In order to get the whereabouts of others, this man used a positioning tracker

China Ningbo Network reporter Dong Xiaofang correspondent Lin Tuo Yao Jiayi

When it comes to citizens' personal information, they generally think of names, addresses, ID numbers, account passwords, contact information, etc., but the trajectory of their whereabouts as an important personal information is often ignored by people. Today, the Haishu Procuratorate reported a criminal case of using a positioning tracker to infringe on citizens' personal information, and Qiu was sentenced for infringing on citizens' personal information.

In April 2020, Qiu saw that it was profitable to mine pond slag, so he targeted the land he had contracted, and knowing that it was illegal mining, he found the relevant staff Hu and Dong and wanted them to agree to this matter. After being explicitly rejected, he still did not die, thinking that "grinding a few more times" and perhaps the two would agree, so he hit the idea on the GPS location tracker he had used.

In order to achieve the purpose of "tracking", Qiu mou successively purchased 3 GPS positioning trackers and waited for the opportunity to install them on the private cars of Hu and Dong. Qiu Mou, who obtained the trajectory of the two people's whereabouts, found an opportunity to squat Hu and Dong after work, appeared around them "just right", and pestered them about mining pond mud.

Qiu even speculated about the residence and study addresses of the parents and children of the two based on the positioning information collected. After one day the request was rejected again, he asked Hu whether the child was studying at a training school. Although the words did not necessarily have a threatening meaning, it made Hu Mou break out in a cold sweat and immediately decided to call the police.

After receiving the report, the police summoned Qiu. Qiu Realized the seriousness of the matter and voluntarily surrendered himself.

The relevant interpretations of the Supreme People's Court and the Supreme People's Procuratorate make it clear: Citizens' personal information refers to all kinds of information that identifies the identity of a specific natural person or reflects the activities of a specific natural person by electronically or in combination with other information, including name, ID card number, communication and communication contact information, address, account password, property status, whereabouts, and so forth.

After review, the Haishu Procuratorate believed that Qiu mou secretly conducted real-time location tracking through online shopping location trackers without the knowledge of others, so as to obtain the whereabouts of others, which has been suspected of infringing on citizens' personal information, and filed a public prosecution with the Haishu court.

In the end, Qiu was sentenced to one year in prison, suspended for one year and six months, and fined 6,000 yuan by the Haishu Court for infringing on citizens' personal information.

"Qiu was originally a bus driver, and initially purchased a GPS location tracker to facilitate his work, but due to his weak legal concept, he turned the original 'convenient' technology products into 'crime tools' for breaking the law and committing crimes." The prosecutor reminded that when using these new technological products on a daily basis, we should also strengthen the study of relevant knowledge, understand the boundaries of the law, and strictly abide by the regulations on use.