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Lawyers get personal information
Can lawyers access citizens' personal information?
1. The entrusted lawyer may apply to the people's procuratorate or the people's court to collect and obtain evidence according to the needs of the case.
Or apply to the people's court to notify the witness to testify in court. A lawyer who investigates and collects evidence by himself may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
2. Lawyers shall keep confidential the relevant information and materials that their clients and others are unwilling to disclose in their practice activities. However, criminal facts and information that endanger national security, public safety and seriously endanger the personal safety of others are prepared or being implemented by the client or others.
Connotation and characteristics of citizens' personal information
Some people think that citizens' personal information includes: name, occupation, position, age, marital status, education, professional qualifications, work experience, home address, telephone number, credit card number, fingerprint, online login account number, password and other information that can identify citizens' personal identity. The author believes that with the progress of science and technology and the expansion of personal social activity space, the content of personal information will be more abundant, which is obviously inexhaustible by enumerating methods. From the connotation point of view, citizens' personal information refers to citizens' personal physiology and identity characteristics, social life experience, family and financial situation, etc., and also includes personal identification codes obtained and adopted by citizens in the process of social life. In a nutshell, it has the following characteristics:
(1) is directly related to individual citizens and can reflect the local or overall characteristics of citizens; Or once obtained and used, it is proprietary. The former is the date of birth and fingerprints of citizens, while the latter is the ID number and home address.
(2) It has legal protection value. Citizens' personal information carries citizens' individual characteristics, even their rights. If it is leaked and obtained by others, it will inevitably lead to the danger that citizens may be infringed at any time.
(3) The protection of citizens' personal information is not based on the request of the information owner. No organization or individual has the right to disclose or obtain personal information unless it is based on the need to safeguard national interests, public interests or the will of the information owner.
From the above analysis, it can be seen that after obtaining the consent and authorization of the parties, lawyers can call personal information to help complete the trial of the case. Of course, lawyers must also require that the personal information they know is completely confidential and cannot be leaked at will. If they have problems, they can consult a lawyer for help. we
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