owns the more than 200 million user name, mobile phone number;
master the mobile phone user’s occupation, address, income and even consumer orientation;
SMS can be directed to send, called where to play where". In this year’s CCTV "3· 15 party", a Focus Media to be struck dumb exposed spam messages. Behind these junk information is a huge industrial chain, is the wanton trafficking of mobile phone users privacy.
on August 25th, the eleventh session of the Standing Committee of the National People’s Congress (NPC) announced the amendment of the criminal law (seven) draft (fourth). The draft proposed that the state organs or the financial, telecommunications, transportation, education, medical and other units of the staff, in violation of state regulations, will perform their duties or personal information provided in the service to sell or illegally provide to others, or to steal, bribe and other illegal methods to obtain the information, if the circumstances are serious, shall be investigated for criminal responsibility.
in this regard, criminal law expert Professor Xie Wangyuan of Renmin University of China law school believes that in recent years, some state agencies and telecommunications, financial and other units to provide personal information service activities are illegal leaks have occurred in the performance of official duties or on the citizens’ personal and property security and personal privacy threat. In the event of such serious violations of the rights and interests of citizens, criminal responsibility shall be investigated. Compared with foreign countries or Hong Kong and Taiwan, China’s law on the protection of personal privacy is not enough. A significant feature of modern criminal law. It is not only to do the country’s "arms", but also a safeguard the legitimate rights and interests of individual citizens’ charter". The draft amendment to the criminal law, which focuses on the protection of the privacy of citizens, the binding of public power and public services, the concept of criminal legislation, it is worth further expansion.
China Development Strategy Institute researcher Dr. Wang Chunhui believes that with the rapid development of information technology, the collection of personal information becomes easier and easier. Improper use or disclosure of such information will result in loss of personal property and spirit. Therefore, the protection of personal privacy can not only stay in the protection of the right to privacy, but should be in the direction of the protection of personal information. The right of privacy has evolved from the traditional negative right of "the quiet and quiet of individual life" to the modern positive information privacy". In addition, according to the draft amendment of the criminal subject description of the behavior of people in violation of state regulations, the unit will perform the duties or personal information provided in the service process, sell or illegally provide to others, or to steal and buy the way of illegal access to the information, if the circumstances are serious, will constitute a crime. It is obvious that the subject of the crime of infringing upon the citizen’s right of information has not only the special subject, but also the general subject. That is to say, specializing in Financial Telecommunications, transportation, education, medical and other units of staff is a special subject to those who constitute the crime, stealing or buying illegal ways to obtain the above information behavior can constitute the main body of this crime.
Dr. Wang Chunhui puts forward, "