Joke Collection Website - Public benefit messages - Is it illegal to collect and disclose personal information?
Is it illegal to collect and disclose personal information?
If the collection and disclosure of personal information rise to invasion of privacy and interfere with the normal life of others, then evidence can be retained to call the police. Be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. Anyone suspected of committing a crime shall be investigated for criminal responsibility according to law.
In addition, if someone calls relatives or friends in the borrower's address book without the borrower's permission and harasses them many times; Threatening or threatening borrowers or relatives or family members of the address book through WeChat or SMS; The borrower calls more than 3 times within one day after the deadline; Disclosing the personal information of the borrower; It is illegal to collect money from the borrower's home or work unit, which has caused serious damage to his personal reputation.
To sum up, if the bank reveals the debtor's privacy during debt collection, the debtor has the right to ask the bank to bear tort liability. If negotiation fails, you can bring a lawsuit to the court.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1024
The civil subject enjoys the right of reputation. No organization or individual may infringe upon the reputation right of others by insulting or slandering.
Reputation is a social evaluation of the moral character, reputation, talent and credit of civil subjects.
Article 1034
Personal information of natural persons is protected by law.
Personal information is all kinds of information recorded electronically or in other ways that can identify a specific natural person alone or in combination with other information, including natural person's name, date of birth, ID number, biometric information, address, telephone number, e-mail address, health information, whereabouts information, etc.
The privacy information in personal information shall be subject to the provisions on privacy; If there are no provisions, the provisions on the protection of personal information shall apply.
Criminal law of the people's Republic of China
Article 253- 1 Crime of infringing citizens' personal information
Whoever, in violation of the relevant provisions of the state, sells or provides personal information of citizens 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 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 the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services 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.
Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding three paragraphs.
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