How to complain about personal information leakage

If staff of state agencies or financial, telecommunications, transportation, education, medical and other units leak citizens’ personal information obtained in the course of performing duties or providing services, which constitutes a crime, they shall be held criminally responsible in accordance with the law; this is not yet the case. If a crime is constituted, the public security organ shall detain him or her for not less than ten days but not more than fifteen days. If there is any illegal income, the illegal income shall be confiscated and a fine of RMB 5,000 shall be imposed.

After personal information is leaked, citizens can protect their rights in the following three ways:

1. In accordance with the "Decision on Strengthening Network Information Protection", individuals who experience information leakage have the right to immediately Request network service providers to delete relevant information or take other necessary measures to stop it.

2. Individuals can also make complaints and reports to the public security department, Internet management department, industrial and commercial department, consumer association, industry management department and relevant institutions.

3. Consumers can also use legal means to further safeguard their legitimate rights and interests in accordance with the Civil Code, Consumer Rights Protection Law, etc., such as requiring the infringer to apologize, eliminate the impact, restore reputation, Compensation for losses, etc.

Rights protection methods for personal information leakage:

In accordance with the "Decision on Strengthening Network Information Protection" of the Standing Committee of the National People's Congress, individuals who experience information leakage have the right to immediately request the network service provider to delete it relevant information or take other necessary measures to stop it.

Individuals can also make complaints and reports to the public security department, Internet management department, industrial and commercial department, consumer association, industry management department and relevant institutions.

Consumers can also use legal means to further safeguard their legitimate rights and interests in accordance with the Tort Liability Law, Consumer Rights Protection Law, etc., such as requiring the infringer to apologize, eliminate the impact, restore reputation, and compensate. losses etc.

There are many ways to report, and the ultimate goal is to use the coercive power of public power to protect one's own interests and punish those who do not commit crimes but violate the law. When everyone's information is leaked, relevant evidence must be collected before reporting. This will enable the content of the report to be confirmed quickly and effectively, and will help public authorities quickly find the criminals after the report is made.

How does the law stipulate the number of convictions for leaking personal information?

The Supreme People's Court and the Supreme People's Procuratorate issued the "Supreme People's Court and Supreme People's Procuratorate on the handling of criminal infringement of citizens' personal information on the 9th" "Interpretation of Several Issues on the Applicable Law of the Case", which is also the first time that the "two highs" have issued a judicial interpretation on the crime of infringement of citizens' personal information. The judicial interpretation comprehensively and systematically stipulates the standards for conviction and sentencing of crimes involving infringement of citizens’ personal information and relevant legal application issues.

According to the provisions of our country’s criminal law, those who violate relevant national regulations and sell or provide citizens’ personal information to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or shall be fined; if the circumstances are particularly serious, , 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 steals or illegally obtains citizens’ personal information by other means shall be punished in accordance with the provisions of the preceding paragraph.

I hope the above content will be helpful to you. If you still have any questions, please consult a professional lawyer.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 253, paragraphs 3, 4, and The five crimes of selling and illegally providing citizens’ personal information; the crime of illegally obtaining citizens’ personal information. Staff members of state agencies or financial, telecommunications, transportation, education, medical and other units, in violation of national regulations, violate the laws and regulations of their units in the process of performing duties or providing services. Anyone who obtains citizens' personal information and sells or illegally provides it to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

Stealing or illegally obtaining the above information through other methods, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.

If a unit commits the crimes in the preceding two paragraphs, it shall be fined, and its directly responsible supervisor and other directly responsible personnel shall be punished in accordance with the provisions of the respective paragraphs.