Civil administrative procuratorate
[Personal information protection] Huangshan Xiuning: sentenced for the crime of infringing personal information
Time: February 27, 2023 Author: News source: [Font size: large | in | Small

On February 8, the case of criminal incidental civil public interest litigation against citizens' personal information filed by the Procuratorate of Xiuning County was heard and judged in court in the county court. It was the first case of criminal incidental civil public interest litigation against citizens' personal information in Xiuning County. More than 50 students from Haiyang No. 2 Middle School participated in the hearing.  
From April to July 2021, the defendant, XXX, used its mobile agency to provide customers with services such as account opening, value recharging and mobile phone maintenance. Without the customer's consent, the defendant sent the customer's mobile phone number and the verification code of WeChat, JD and other APP accounts registered with the number to a WeChat group, and made a profit from it. It was verified that the defendant, Fang, used customer information to send a total of 544 mobile phone numbers and 324 verification codes, making an illegal profit of 3498 yuan.  
The procuratorial organ believes that the defendant's illegal acquisition, sale and provision of citizens' personal information constitutes a crime of infringement of citizens' personal information, which should be investigated for criminal responsibility according to law. At the same time, this act has also disrupted social management order, threatened citizens' personal and property safety, and has seriously infringed on social and public interests, so it should bear corresponding civil liability according to law. As the representative of the public interest, the procuratorial organ shall file a criminal incidental civil public interest lawsuit against the infringer according to law.  
After deliberation, the collegial panel pronounced in court that the defendant, Fang, was sentenced to 6 months' imprisonment for the crime of infringing on citizens' personal information, was suspended for 1 year, and was fined 3500 yuan. The illegal gains were confiscated; He ordered Fang to compensate 3498 yuan for damages to social and public interests, and publicly apologized in the news media above the municipal level.