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Is it illegal to grab information from the industrial and commercial bureau?
In the crime of illegally obtaining citizens' personal information, "serious circumstances" is an important element of the crime. The actor's illegal acquisition of citizens' personal information must be serious in order to constitute a crime. However, there is no uniform standard for the requirement of "serious circumstances" The determination of serious circumstances should be based on objective harm, supplemented by subjective malignancy, and comprehensively determined from the aspects of profit amount, number of people who obtained information, information use and influence on victims. The first is the profit. Looking at the crimes involving criminal proceeds in criminal law, the amount of personal criminal proceeds is more than 1000 yuan, while the amount of unit criminal proceeds is five times that of individual criminal proceeds. With the development of social economy, the amount of criminal proceeds is getting higher and higher. Therefore, the author thinks that individuals illegally gain more than 1000 yuan and units illegally gain more than 5,000 yuan, which constitutes a serious crime of illegally obtaining citizens' personal information. The second is the number of people who have access to information. Illegal access to citizens' personal information for many times constitutes a serious situation. In the judicial interpretation of the Supreme Court, multiple times generally refers to more than three times. Therefore, if a citizen's personal information is illegally obtained for more than three times within one year, or if he is punished by administrative punishment for illegally obtaining personal information for more than two times, the act is still carried out, which constitutes a serious case. The third is the use of information. The perpetrator illegally obtains personal information of citizens to engage in illegal activities or uses the obtained personal information for illegal activities, and the circumstances are serious. The fourth is the impact on the victims. The disclosure of citizens' personal information will generally have adverse effects on citizens' personal property and person, including spam messages, telephone harassment and even extortion. The author believes that it is serious to cause great economic losses to citizens or seriously affect their normal lives or even cause mental harm.
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