The Event of People's Congress Leaking Information -- On the Crime and Responsibility of Leaking Information in the The Internet Age

2023 07/04

Recently, it was rumored on the internet that a master's degree graduate from Renmin University of China, Ma, used illegal technological means to steal personal information such as photos of recent school students, and created a "beauty ranking list" on the webpage for people to browse freely. According to online information, the stolen student information includes photos, names, student numbers, hometown, birthdays, etc. Suspect Ma is suspected of illegally obtaining personal information of some students at the school and has been criminally detained by the Haidian Public Security Bureau in accordance with the law. Subsequently, the topic of "leakage of information by the National People's Congress" made headlines and attracted widespread attention.


The The Internet Age has made information dissemination more convenient, breaking through time and space constraints. But the consequences of personal privacy being leaked are often like floods and endless disasters. If information security is not guaranteed, we are like running naked in virtual space, and even this situation can spill over to the real world, causing serious troubles to our personal work and life.


This incident has once again brought the issue of network security and personal information security to the public's attention. The internet is no longer an illegal place, and China attaches great importance to personal information protection and network security issues. Clear legal provisions have been made for this. The crimes and responsibilities involved in this incident are summarized as follows:


1、 If the information transmitted online is verified to be true, Ma will be suspected of infringing on citizens' personal information and face the legal risk of being held criminally responsible


(1) Article 4 of the Personal Information Protection Law defines personal information, that is, "personal information is all kinds of information related to identified or identifiable natural persons recorded electronically or in other ways, excluding information processed by Data anonymization." The names, student numbers, colleges and other information in this event, including photos, can be combined with each other and identified to specific individuals, so it belongs to the legal category of "personal information".


(2) In accordance with the provisions of Article 253-1 of the Criminal Law of the China on "the crime of infringing on citizens' personal information", anyone who sells or provides citizens' personal information to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; 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. Among them, those who steal or illegally obtain personal information of citizens through other methods shall be punished in accordance with the provisions of the first paragraph.


The Haidian Public Security Bureau stated in the notification of the incident that Ma had engaged in the act of "illegally obtaining information about some students in the school". If Ma used illegal means such as "stealing or other methods", meeting certain conditions could constitute the crime. According to Article 253 of the Criminal Law, Ma may ultimately be sentenced to imprisonment and detention for up to three years; Or if, after in-depth investigation by the public security organs, the circumstances are ultimately determined to be particularly serious, which may result in imprisonment of not less than three years but not more than seven years and a fine. Ma is currently under criminal detention, and the final determination of whether Ma has implemented it will depend on the subsequent investigation results of the public security organs.


Ma is not only suspected of infringing on citizens' personal information, but also involved in illegally obtaining data from computer information systems. According to the Guidelines for Prosecutors to Handle Cases of Infringement of Personal Information of Citizens, those who illegally obtain personal information of citizens in computer systems through network technology, while also committing crimes of infringing on personal information of citizens and illegally obtaining data from computer information systems, should be punished with one felony. The specific punishment should be determined based on the suspect's criminal circumstances.


2、 Does Ma involve any other responsibilities?


According to online rumors, grading and ranking the appearance of some students on the webpage, including some other private information about their appearance, and promoting them through this method actually causes serious damage to the privacy, portrait, and even reputation rights of the infringed party, and may even be suspected of derogatory behavior towards others' image. Ma may bear civil liability in terms of privacy, reputation, and portrait rights, But when it comes to citizens' personal information, it depends on the specific level of leakage.


3、 Is the school responsible for the leakage of student personal information?


If the information and data of the school are leaked, it is necessary to review whether the school has fully fulfilled its obligation to protect the personal data in the school's computer information system. If it has fulfilled its due protection obligation, it is not necessary to take responsibility, otherwise it shall bear corresponding responsibilities.


epilogue


Dickens once said, "This is the best and worst era. In the vast information network, everyone should maintain rational judgment and adhere to the legal and moral bottom line; On the way to growth, one should be positive and shape a good personality.


In the information age, we need to pay more attention to personal information protection and build a strong network security protection network to jointly create a more secure, progressive, and harmonious society. As commented by China News Network on the incident: Let those who leak personal information be unprofitable, have no way to go, and have nowhere to hide!