Shulou(Shulou.com)11/24 Report--

Thanks to CTOnews.com netizen MissBook for the clue delivery! CTOnews.com news on December 28, today, the Supreme people's Court issued the 35th batch of 4 guiding cases, all of which are criminal cases for the protection of citizens' personal information. These cases involve the scope and nature of citizens' personal information protected by criminal law, such as face recognition information, identity card information, Wechat and other social media accounts, mobile phone verification codes, and so on. It is of great guiding significance to clarify the rules for judging such cases and protect citizens' personal information in accordance with the law.

CTOnews.com learned that guiding case No. 192, "Li Kaixiang's Criminal lawsuit for infringement of Citizen's personal Information," made it clear that the face information processed by face recognition technology and the face information generated based on face recognition technology are highly recognizable, and can identify specific natural persons alone or in combination with other information or reflect the activities of specific natural persons. It belongs to the personal information of citizens stipulated in the criminal law. Whoever steals or illegally obtains the above-mentioned face recognition information by other means, if the circumstances are serious, shall be convicted and punished in accordance with Article 5, paragraph 1, paragraph 4, of the interpretation of the Supreme people's Court and the Supreme people's Procuratorate on certain issues concerning the Application of laws in handling Criminal cases of infringing upon Citizens' personal Information.

Guiding case No. 193, the case of Wen Wei and others infringing upon the personal Information of Citizens, makes it clear that the identity card information contains a variety of personal information, such as natural person name, face recognition information, identity number, household registration address and so on. It belongs to "other personal information of citizens that may affect personal and property safety" as stipulated in paragraph 1 of Article 5 of the interpretation of the Supreme people's Court and the Supreme people's Procuratorate on several issues applicable to the handling of criminal cases infringing upon citizens' personal information.

The guiding case No. 194, the case of Xiong Changheng and others infringing upon citizens' personal information, makes it clear that after purchasing social media accounts such as Wechat in violation of relevant state regulations, illegally making social media accounts with citizens' personal information to sell and provide to others, if the circumstances are serious, it belongs to the act of "selling or providing citizens' personal information to others in violation of relevant state regulations" as stipulated in paragraph 1 of Article 253 of the Criminal Law. It constitutes the crime of infringing upon the personal information of citizens. The case also makes it clear that without the consent of the citizen or the reasons stipulated in the personal Information Protection Law, such as legal authorization, the personal information of citizens which has been disclosed within a certain range is obtained by means of purchase, acceptance, exchange and other means for illegal use. it changes the scope, purpose and use of citizens' disclosure of personal information, and does not belong to the reasonable treatment prescribed by law. If it belongs to the act of "illegally obtaining citizens' personal information by other means" as stipulated in paragraph 3 of Article 253 of the Criminal Law, if the circumstances are serious, it shall constitute a crime of infringing upon citizens' personal information.

Guiding case No. 195, "case of Luo Wenjun and qu Xiaozhen infringing upon citizens' personal information, criminal incidental civil public welfare lawsuit", makes it clear that the verification codes specially issued by service providers to specific mobile phone numbers, such as numbers and letters, or their combination, are unique and secret, and can be used alone or in combination with other information to identify specific natural persons or reflect the activities of specific natural persons. It belongs to the personal information of citizens stipulated in the criminal law.

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