How can a legal service company know that “law” is a violation of the law and that a business takes a “short cut” in its debt recovery? Recently, the public security network security department uncovered a case in which a legal service consulting firm collaborated with an illegal “soldier” service provider in the process of providing legal services to a business to obtain debtor information by illegal means for profit。
Typical cases
Recently, in the course of its work, the zhejiang shao xing public security network department found that a legal services consulting firm in the bailiwick, using loopholes that the client was unable to file due to lack of information on the debtor's identity, collaborated with illegal “slotting” service providers, provided slotting services to clients in the granting of legal services, and charged a “slotting fee” ranging from $500 to $3,000 per transaction, seriously violating the legitimate rights and interests of citizens。
At present, certain members of the company's corporate capital and shareholders, chen and lu, have been subject to criminal coercive measures by the territorial public security authorities and the mobile phones and computers used in the crime have been seized. The case is being further investigated。
Legal provisions
Citizens ' personal information is strictly protected by law and any illegal acquisition, sale or provision of personal information is an offence. In accordance with our laws and regulations:
Article 253 of the criminal law of the people's republic of china provides, in violation of the relevant provisions of the state, that the sale or supply of personal information of a citizen to another person shall be punishable by imprisonment for a term not exceeding three years or by detention in serious circumstances, and by a fine or a single fine; in particularly serious cases, by imprisonment for a term not exceeding three years and not exceeding seven years and a fine。
Article 44 of the cybersecurity act makes it clear that no individual or organization may illegally acquire, sell or provide personal information to another person, and that the breach is punishable by civil, administrative or criminal liability。
Article 10 of the law on the protection of personal information emphasizes that no organization or individual shall unlawfully collect, use, process, transmit or sell, provide or make public the personal information of another person。
In this case, the actions of the legal service company in question had seriously violated the above-mentioned law, and the public security organs would be held criminally responsible in accordance with the law。
Cyber alert
The prosecution doesn't know who the defendant is? The cyber police are helping you
01
First, what information can replace the id number
A court case may not necessarily have to have an id number, but the following information combinations can also attempt to open the case:
1 name + cell phone number (partial court acceptance)
2 name + detailed address (e. G. Delivery address, rental contract address)
3 business/individual name + unified social credit code (available online)
Key point: you do not need 100 per cent complete information, but at least it is possible for the court to be able to determine “that the defendant is real” rather than fictional。
02
Repetition: request for court assistance in searching
According to article 209 of the supreme people's court interpretation of the application of the civil procedure law of the people's republic of china, the plaintiff is required to provide clear identification information (e. G. Id number) of the defendant, but if it is not available
1 application to the court for a letter of assistance in the investigation: by letter issued by the filing court, to the local public security organ or the market supervisory authority for information on the domicile, business register, etc. Of the accused。
2 entrusted to counsel: lawyers may obtain relevant information from public security or market regulators (permitted in some areas) in the form of a certificate of practice, a letter of introduction from the firm。
03
Remember: a few key recommendations
Don't try illegal means (such as hacking, searching for human flesh), otherwise it may be suspected of violating citizens' personal information
To the extent possible, a copy of the identity card of the other party (e. G., when the contract is signed) is kept prior to the dispute。
2 more efficient commissioning of lawyers (lawyers have more legal access)。
3 web advocacy requires evidence (interceptions, videos, notaries)。
Concluding remarks
Citizens' personal information is strictly protected by law, and the defence of rights must not be at the expense of violations. Cyberspace is not an extrajudicial place! When defending their rights and interests through legal means, the general public must comply strictly with the relevant laws and regulations, such as the personal information protection act and the criminal code, and any illegal acquisition, sale or disclosure of personal information by another person may constitute an offence! At the same time, the public security organs will continue to maintain a high level of pressure and to severely combat crimes against citizens' personal information
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