Consequences of information leakage incidents

Legal Analysis

The leakage of information is mainly manifested in the leakage of personal privacy, spam text messages, emails, telephone harassment, Internet fraud harassment, abuse of personal information, etc., violating relevant national regulations, and providing information to others. Those who sell or provide citizens' personal information, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. "Anyone who violates relevant national regulations by selling or providing citizens' personal information obtained in the process of performing duties or providing services to others shall be severely punished 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 preceding paragraph. The penalties specified in paragraph 1. "If a unit commits the crimes in the first three paragraphs, the unit shall be fined, and the persons directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the respective paragraphs."

Legal Basis

Article 286 of the Criminal Law of the People's Republic of China and the People's Republic of China, who violates state regulations by deleting, modifying, adding, or interfering with the functions of a computer information system, causing the computer information system to fail to operate normally, with serious consequences. The offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Anyone who violates state regulations by deleting, modifying, or adding operations to data and applications stored, processed, or transmitted in a computer information system, with serious consequences, shall be punished in accordance with the provisions of the preceding paragraph. Those who intentionally create and spread computer viruses and other destructive programs that affect the normal operation of the computer system and have serious consequences shall be punished in accordance with the provisions of paragraph 1. If a unit commits the crimes in the first three paragraphs, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph. Article 286-1 If a network service provider fails to perform its information network security management obligations stipulated in laws and administrative regulations, and refuses to take corrective measures after being ordered by the regulatory authorities to take corrective measures, and any of the following circumstances occurs, it shall be sentenced to a fixed term of not more than three years Imprisonment, criminal detention or surveillance, and concurrently or solely a fine: (1) Causing a large amount of illegal information to be disseminated; (2) Causing the leakage of user information, causing serious consequences; (3) Causing the loss of evidence in criminal cases, and the circumstances are serious; ( 4) There are other serious circumstances. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. If the acts in the preceding two paragraphs constitute other crimes at the same time, they shall be convicted and punished in accordance with the provisions of heavier penalties.