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Does the court have the right to investigate personal information?
Legal analysis
According to the regulations, court organs can collect personal information. Operators should follow the principles of legality, justice and necessity in collecting and using consumers' personal information, clearly explain the purpose, method and scope of collecting and using information, and obtain the consent of consumers. When collecting and using consumers' personal information, business operators shall disclose their collection and use rules, and shall not violate the provisions of laws and regulations and the agreement of both parties to collect and use information. Operators and their staff must keep the personal information collected by consumers strictly confidential and shall not disclose, sell or illegally provide it to others. Operators shall take technical measures and other necessary measures to ensure information security and prevent consumers' personal information from being leaked or lost. In case of information leakage or loss, remedial measures should be taken immediately. Without the consent or request of consumers, or the explicit refusal of consumers, business operators shall not send commercial information to consumers. Stealing or otherwise illegally obtaining citizens' personal information, if the circumstances are serious, may be investigated for criminal responsibility. However, there are no clear rules for what is serious. From the legislative background, in recent years, citizens' information has been widely leaked, advertisements selling all kinds of citizens' personal information have appeared on the Internet, and even professional households collecting and selling citizens' personal information have appeared in society, posing a serious threat to citizens' personal privacy and personal property safety. Therefore, it is necessary to protect citizens' personal information security through legal means. However, the penalty method has its special scope of application, and not all acts of illegally obtaining citizen information should be punished by penalty.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 67 The people's court has the right to investigate and collect evidence from relevant units and individuals, and the relevant units and individuals may not refuse. The people's court shall distinguish the authenticity of the documents submitted by the relevant units and individuals, and examine and determine their validity.
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