2009 Criminal Law Amendment (7) added for sale、illegal citizen's personal information and illegal acquisition of personal information of citizens，The first establishment of the legislative spirit of comprehensive protection of personal information，But slightly insufficient in regulatory objects and range。and then "Criminal Law Amendment (9)" will "sell、The crime of illegally providing personal information of citizens "and" illegal acquisition of citizen personal information "integration into" infringement of citizen personal information crimes "，Expand the scope of criminal subjects and the behavior of infringing personal information。With the implementation of the "Personal Information Protection Law"，The attached public interest lawsuit in the case of violations of citizens' personal information has also become the norm。

[Introduction to Case Case] ​​from 2020 to 2021，Qin Mou、Li used its identity as a representative of a airline customer service，Methods such as stealing passenger compartment information，illegal acquisition of more than 1900 pieces of the trajectory information of others by flight，And to Zhang、Xu Mou and other sold，Between profit of more than 17,000 yuan。Where，Zhang Mou illegally purchased the trajectory information information of others illegally，78 other information，Xu's whereabouts of the trajectory information of other people to take a flight，8 pieces of personal information of other citizens。Final，Four are punishment for the crime of infringing citizen information due to behavior.。At the same Bet365 app download time，Procuratorate to Qin、Li Mou will bring a civil public interest lawsuit。

[Case Evaluation] This case is a typical case with public interest lawsuits on the basis of infringing citizen's personal information behavior in accordance with the law。Citizen personal information is not only related to the privacy of citizens，Also related to national data security。When a certain behavior violates the personal information of unspecified citizens，The harm of this behavior to the public interest of the society is also increasingly prominent。As far as the case is concerned，There are three problems that are still worth further discussion: first，The scope of the scope of public interest litigation with criminal proceedings; second，The scope of the defendant in a similar case in the case is defined; the third，The difference between the concept of personal information in the Criminal Law and other department laws。

About the first question，There are two main points of perspective in the academic community。Expansion said，Currently based on the "Civil Procedure Law" and related judicial interpretations as a basis for judging the scope of the case，Demands that do not meet the public interests of relief，It should further explore the possibility of using such lawsuits in more fields。Limited theory thinks，With public interest litigation should be carried out on the basis of not affecting criminal proceedings，Specific: mention in the litigation，Based on the Civil Procedure Law;，Only when the "state or social public interest" is in a state of no protection，can a public interest litigation be provided，That is, the object should be unspecified。From the perspective of judicial practice，Restrictions Bet365 lotto review are more reasonable: Civil public interest lawsuits are attached with formal attachment，But pay attention to the essential independence of civil public interest litigation，That is, the complaint still belongs to a civil lawsuit，But due to the dispersion of the victim，Lifting from the procuratorial organs and other generations，This means that the mention of the public interest litigation shall be based on the "Civil Procedure Law" and other departmental laws.。Generally speaking，The "Last Law" of the Criminal Law determines its launch condition、The scope of application is stricter than other departmental laws，It is not appropriate to rashly surpass the provisions of the Civil Procedure Law to mention public welfare。For this，Some scholars point out，"The interests that do not protect civilian people，If the behavior of this interest is defined as a crime，The freedom of action of the public will be improperly limited "。Therefore，Even if there is a lack of reasonable protection，It is more appropriate to find a solution by making and improving the front method。

About the second question，According to the "Personal Information Protection Law",，The defendant of the qualified public interest litigation is "handling personal information、Personal information processor who infringes the rights and interests of many people "。This provision has a subject limited，It also stipulates that the rights and interests of multiple people must be infringed。Combined with the relevant provisions of the Criminal Law，The qualified subject should be the personal information processing of personal information illegally and infringement of multi -person rights。In this bet365 Play online games case，Qin Mou, who sells citizen information、Li Mou only bought flight information provided by the recipient，Therefore, they will be sold together after obtaining the information of all the occupants in this flight，In addition to the "designated personnel", the trajectory information of other people in the same class is attached to、Personal information, etc.，There is no doubt that the personal information of unspecified persons invaded，Also due to the particularity of its work，Both of them are personal information processors，The defendant can be used as a public interest lawsuit。Buy the recipient Zhang、The purpose of Xu is to obtain the trajectory information of the specific personnel，When obtaining information from others except the "designated person"，Although the risk of personal information of other personnel at this time has generated，But Zhang、Xu did not sell it for the above information、Use and other behaviors，It should be considered that it is still the personal information of the specific subject。At the same time，Zhang、Xu and other do not belong to the personal information processor，It is not a qualitative defendant for public interest litigation。

About the third question，It should be analyzed that there is a difference in the definition and classification of the personal information of citizens in different departments.。Like the "Civil Code", "Personal Information Protection Law", "Network Security Law" and other front laws，The core feature of personal information is "recognizable"，In the Criminal Law and related judicial interpretations，Except the feature of "recognition"，It also contains elements such as "involving personal privacy of citizens" or "reflecting specific natural person activities"。This difference stems from bet365 live casino games the different regulatory purpose of different departmental laws，The relevant provisions of the Criminal Law directly affect the conviction and sentencing of the act of violating the personal information of citizens，So the requirements are stricter、Description is more accurate。

"Criminal Law" Different personal information Different qualitatively determines the "serious plot" and "particularly serious plot" identification in Article 253 of the Criminal Law，The qualitative of different personal information in other department laws affects the judgment of "violating relevant state regulations"。In the "Explanation of Several Issues on Criminal Cases of Citizen Citizen Information"，Adopt a description mode of qualitative increase in quantity，Divide information into three categories，According to different types of personal information，Standards set: illegal acquisition、Sell、Provide a whereabouts trajectory、Communication content、Credit information、More than 50 property information; accommodation information、communication records、Healthy physiological information、Transaction information and other other personal information of citizens who may affect the safety of personal property; 5,000 or more citizen information other than the above information，that is, the "serious plot" specified in Article 253 of the Criminal Law。

The definition of "sensitive personal information" is defined as an example，Sensitive information in "Personal Information Protection Law"，Including biological identification、Religious beliefs、Specific identity、Medical Health、Financial Account、Portable trajectory and other information, bet365 Play online games and personal information of minors under the age of 14，The corresponding "sensitive personal information" in the Criminal Law only covers the trajectory information、Communication content、Credit information、Property information。There is a cross -relationship between the personal information classification of different degrees of sensitivity and the definition of "sensitive information" in other department laws，but not completely coincide，This may cause the applicable confusion。Take specific identity information as an example，In the "Personal Information Protection Law"，Specific information information is sensitive information，Therefore, illegal acquisition、Sell、Provide this information，It belongs to "Violation of relevant national regulations"，But specific identity information has not been listed in the Criminal Law，Therefore, more than 50 items cannot be applicable, which is the criterion for serious circumstances，Applicable 500 or more identification standards for 5,000 or more，Still need to grasp the judicial organs in practical activities。Similar to this, there are religious belief information、Subsidies under the age of 14，None of the Criminal Law is clearly stipulated，Such non -matching phenomenon may affect the efficient development of judicial activities。So，During the connection process of the Criminal Law and the front method，It is necessary to emphasize the "Last Law" status of the Criminal Law，Correct information type of information type，Also pay attention to avoid confusion in the application of law due to inconsistency due to inconsistencies in the front law specifications。

(Author Unit: School of Criminal Justice at bet365 Play online games Zhongnan University of Economics and Law)