China Times (www.chinatimes.net.cn) reporter Hu Jinhua reported in Shanghai
At present, big data has become the most important asset, and the protection of personal privacy information has also become a hot topic in China. For the public, individuals who illegally disclose other people's private information also face judicial prosecution.
"China Times" exclusively learned that in July 2020, Ouyang Fan, an executive of a large fund company who had been rumored in the public fund circle, was exposed by his ex-wife Tang Xiaolu to cheat on her female subordinates, and quietly came to an end with the rapid departure of the parties. However, after nearly a year, the incident has been updated.
"Tang Xiaolu's online violence, personal attacks, and defamation of personal reputations against us occurred in July last year. After months of investigation, after confirming that I had not committed any illegal acts, I officially left my original company. However, we later combined various evidences and found that Tang Xiaolu hired a private investigator to obtain a large amount of personal information about me and Li Bo through illegal means such as eavesdropping, tracking, and purchasing, and then through professional filming, editing, and publishing various untrue and insulting information, it has constituted an illegal act of stealing and disseminating personal information. We are now defending our rights through judicial channels. Ouyang Fan, one of the parties, told the China Times reporter.
It is worth mentioning that due to the impact of the previous reported incident, Ouyang Fan had to leave his original place of work to come to Shanghai, and a number of public security transcript evidences he showed to reporters showed that in the investigation of the incident last year, the police found that Ouyang Fan's early Tang Xiaolu Baidu network disk contained a large amount of information such as Li Bo and Ouyang Fan, and fixed the evidence on Tang Xiaolu's Baidu network disk and personal computer; in August 2020, the Shahe Police Station in Shenzhen received Tang Xiaolu's information on having deleted all the illegally obtained personal information of Ouyang Fan and Li Bo. And write down a pledge that it will not appear again. At the same time, Ouyang Fan and Li Bo also prosecuted Tang Xiaolu and the private investigators he hired.
Unlawful acquisition of personal information
"At the end of October last year, on an old mobile phone, I found that Tang Xiaolu still kept a large amount of illegally obtained information, including more than 1,000 records of my mobile phone communications (which have constituted a standard for criminal identification), the email addresses of almost all employees of the fund company where I was originally working (including more than 200 email addresses), Li Bo's ID card information, social security information, property information, children's "Birth Medical Certificate" and birth registration information, Marriage and divorce registration information and other detailed information (has constituted a standard for the determination of criminal offenses), more than 300 illegal wiretaps records. We also reported the case to the Criminal Police Brigade of the Nanshan Public Security Bureau with this evidence. Ouyang Fan said.
According to Ouyang Fan, his ex-wife Tang Xiaolu and another "collaborator" Zhang Zeyue are very professional and rigorous in stealing personal information, and they are not just conspiring to have a relationship. First of all, through the whistleblower letter, let him and Li Bo fall into the investigation of the SECURITIES Regulatory Commission and the fund company, if there is a "profit transmission" or "rat warehouse" problem in the report and are criminalized, then the simple family divorce problem can be turned into an economic crime.
"And even if I don't have economic problems, I can use my sensitive identity as investment director of public funds and social security investment manager to exert pressure on the company and the social security council through huge network violence and moral kidnapping, let me leave my job, and ruin my career future." And in the whole process, I always hide myself behind the scenes, disguise myself as a weak person, continue to exert pressure through online violence, force me to obey, and finally get out of the house and realize my own economic interests. Ouyang Fan pointed out.
And this incident has a great impact on it. "Before leaving, I was an excellent manager of the public fund in the field of pension investment, not only excellent personal performance, but also the company's GARP strategic pension products managed by myself were the first in the performance of 100 products of the same type during the management period, leading the company's annuity investment department to achieve rapid progress in performance. But my ex-wife's false reports, and the subsequent spread of videos across the Internet, plunged me into a huge amount of online violence. I was forced to leave my job, and at the same time, the company and the regulator investigated the fabricated 'rat warehouse' and "profit transmission" in the false report letter, and the final investigation proved my innocence, but I have left the public fund industry. Ouyang Fan said.
In an interview, Ouyang Fan also revealed to this reporter the whole process of his monitoring.
"In June 2020, I felt that my mobile phone sometimes had a bad signal, and I thought it was a mobile phone problem and did not pay attention. On July 10, my ex-wife broke into my room with my collaborator Zhang Zeyue (who I thought was a private detective at the time) and her father, Tang Kaiguo, in my living room, and Zhang Zeyue filmed the whole video in front of the police. After filming the video that day, Tang Xiaolu showed off to me, indicating that she not only overheard our conversation in the room, but she also knew how many children Li Bo had, what their names were, and where they went to school. I realized that we had been tracked and eavesdropped for a long time, and that a large amount of Li Bo's personal information might have been leaked, but there was no direct evidence at the time. On July 17, I found two eavesdropping devices in my room and two GPS locators in my car, both of which I handed over to the Shahe police station on July 30. On October 31 last year, I found a large amount of illegal information saved by Tang Xiaolu on an old mobile phone in my family. These included Li Bo's personal information obtained by Tang Xiaolu, the company's mailbox information, my call records and a large number of illegally obtained wiretapping audio materials. After completing the fixation and notarization of evidence, Li Bo and I reported the case to the criminal police brigade of the Nanshan Public Security Bureau. In February this year, we learned from the police that Tang Xiaolu and Zhang Zeyue had hired private detectives, who had been arrested. Ouyang Fan said.
As the other party, Li Bo said in an interview with The China Times on July 10 that Tang Xiaolu had caused harm to him and his family, especially the two children.
In this regard, Li Bo also issued to this newspaper the indictment he submitted to the Shenzhen Nanshan Public Security Bureau on February 8 this year, which shows that it was Tang Xiaolu and Zhang Zeyue who filed a complaint against Tang Xiaolu and Zhang Zeyue for the crimes of infringing on citizens' personal information, insulting, defamation, and picking quarrels and provoking troubles. Mainly for Tang Xiaolu to steal and store the identity information of Li Bo and his family detailed to each member's height, blood type, place of origin, education and other aspects of the content; social security information, bank account information, employment company executives, employees' mailbox information, Ouyang Fan more than 1,000 call records and so on.
The content of Li Bo's indictment letter obtained by this reporter also shows that according to the provisions of China's Civil Code, the personal information of natural persons is protected by law. No organization or individual may illegally collect, use, transmit, buy, sell, or provide other people's personal information. Each of the above information may be used alone or in combination with other information to point to the identity and activities of a specific citizen, and is a citizen's personal property information, communication record information and other information protected by law. The above information is not known to the public, and even some of the information belongs to the private information held only by the citizens themselves, and some of the information obviously comes from the background registration system of the public security organs' household registration and vehicle management departments, real estate registration departments, marriage registration departments, social security management departments, and mobile operation service providers. Criminal suspect Tang Xiaolu is not a staff member of the above-mentioned unit, nor can he determine the qualifications or rights to obtain the information, nor can he obtain the above information through normal channels, and it is illegal for him to obtain the above information and relevant personnel to provide the above information. The amount of the above information is huge, and In addition, Tang Xiaolu has publicly published some information on the Internet for insulting, defaming and other illegal and criminal activities against the accuser, and the subjects providing and obtaining the information have been suspected of infringing on citizens' personal information.
However, according to Li Bo, after she submitted her indictment to the Shenzhen Nanshan Public Security in February this year, the Shenzhen Nanshan Public Security has not officially taken any compulsory measures against Tang Xiaolu so far.
The public security organs have filed a case
On july 11, a reporter from the China Times interviewed Li Bo's lawyer on the follow-up to the filing of the criminal case.
"We have not received a notice from the public security organs to take compulsory measures against Tang Xiaolu, nor have we received an explanation of the reasons for not taking compulsory measures against Tang Xiaolu. It is unclear whether Tang Xiaolu was released on bail pending further investigation, but it is understood that Tang Xiaolu has not been detained. Tang Xiaolu's conduct is suspected of being a crime and compulsory measures should be taken. The lawyer hired by Li Bo told this reporter.
When the lawyer was interviewed, he also told the "China Times" reporter that Article 990 of China's Civil Code stipulates that personality rights are the rights to life, body, health, name, name, portrait, reputation, honor, privacy and other rights enjoyed by civil subjects; Article 991 stipulates that the personality rights of civil subjects are protected by law and may not be infringed upon by any organization or individual; at the criminal level, Article 246 of the Criminal Law also stipulates that it is openly insulted to others by violence or other means or fabricated facts to slander others. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
"In addition, if the criminal law article 253-1 provides that if a citizen's personal information is sold or provided to another person in violation of the relevant provisions of the State, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined alone; if the circumstances are particularly 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. At present, we do not know who let Tang Xiaolu's side provide such detailed personal information about Ouyang Fan, Li Bo and their families. The lawyer said.
Lawyers said that China's law stipulates that criminal cases mainly need to go through three stages: investigation, review for prosecution and trial, and as far as the crimes that may be involved in this case are concerned, the above three stages are respectively responsible for the public security organs, procuratorates and courts, and the three departments independently exercise their functions and powers. After receiving a report, the public security organs shall file and investigate the case if upon review it is discovered that it may constitute a crime. After a case is filed, the public security organs will employ compulsory measures such as detention, arrest, or release on guarantee pending further investigation of the criminal suspect, and carry out investigation activities to extract and fix evidence in the case. When the investigation is concluded, the public security organs will transfer the case file to the procuratorate. After review, the procuratorate finds that the facts of the suspect's crime are clear and the evidence is indeed sufficient, it will file a public prosecution with the people's court, and the people's court will make a judgment after trial.
It is reported that at present, the public security organs have filed a case for investigation on the "case of Li Bo's infringement of citizens' personal information", which is still in the investigation stage.
![It is not that I am not worthy of being a mother, you are really unworthy of being a father[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)