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How to punish banks for revealing personal privacy without authorization?
1. How to punish banks for revealing personal privacy without authorization?
Unauthorized disclosure of user account details by banks is an infringement of personal information. If the circumstances are serious, it will constitute a criminal offence and bear criminal responsibility, but it will not constitute an administrative punishment for the violator and bear civil liability for compensation.
People's Republic of China (PRC) Commercial Bank Law
Twenty-ninth commercial banks should follow the principles of voluntary deposit, freedom of withdrawal, interest-bearing deposit and confidentiality for depositors when handling personal savings deposit business.
Commercial banks have the right to refuse any unit or individual to inquire, freeze or deduct personal savings deposits, except as otherwise provided by law.
Criminal law of the people's Republic of China
Article 253-1 Crime of infringing citizens' personal information selling or providing citizens' personal information to others in violation of relevant state regulations. 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 or only be fined; If the circumstances are especially 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.
Whoever, in violation of relevant state regulations, sells or provides personal information of citizens obtained in the course of performing duties or providing services to others shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph.
If a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished according to the provisions of each paragraph.
Second, the constitutive elements of the crime of infringing citizens' personal information
The crime of infringing citizens' personal information refers to a serious act of illegally obtaining citizens' personal information obtained by state organs or financial, telecommunications, transportation, education, medical and other units in the course of performing their duties or providing services, and selling or illegally providing it to others.
1, the object of infringement: the security of citizens' personal identity information and the order of citizenship management.
2. Objectively speaking, it is a serious act that the actor collects citizens' personal information by stealing or buying.
3. Subject of the crime: it needs general subjects and units to constitute this crime.
4. Subjective aspect: Subjective intention is required.
The above knowledge is my answer to relevant legal questions. Unauthorized disclosure of user account details by banks is an infringement of personal information. If the circumstances are serious, it will constitute a criminal offence and will bear criminal responsibility, but it will not constitute administrative punishment and civil liability for compensation.
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