法律翻译 | 杭州市上城区人民检察院诉孙某非法买卖个人信息民事公益诉讼案

译者 | 孙书朋 西南政法大学国际法学硕士

审稿 | 何兰子夜 宾夕法尼亚大学LL.M.

         李梓源 英国布里斯托大学LL.M.

编辑 | 邹鹏 吉林大学法硕

         李建云 中国政法大学硕士

责编 | 戚琳颖 大连海事大学本科

People’s Procuratorate of Shangcheng District of Hangzhou (Plaintiff)

v

an individual surnamed Sun (Defendant)

杭州市上城区人民检察院诉孙某

非法买卖个人信息民事公益诉讼案

[Case Reference]

【案例索引】

Trial of First Instance: Hangzhou Internet Court (HIC), First Instance, Civil. No. 10605 [2020]

[Introduction]

【案情介绍】

Since February 2019, through WeChat and QQ, the defendant had illegally sold over 40,000 pieces of information that he bought or exchanged from others, containing names, telephone numbers and email addresses, at 34,000 Yuan (¥ 34,000) to Liu (Outsider). After obtaining the relevant information, the outsider used it for promoting fraudulent foreign exchange service. The public interest prosecutor argued that the defendant blatantly and illegally traded and provided personal information on the internet without consent of the owners, resulting in more than 40,000 pieces of personal information being illegally traded and used. It severely infringed the personal rights and interests of numerous unspecific members of society， as well as the social public interests, leading to the filing of the civil public interest litigation.

2019年2月起，被告孙某以34000元的价格，将自己从网络购买、互换得到的4万余条含姓名、电话号码、电子邮箱等的个人信息，通过微信、QQ等方式贩卖给案外人刘某。案外人刘某在获取相关信息后用于虚假的外汇业务推广。公益诉讼起诉人认为，被告孙某未经他人许可，在互联网上公然非法买卖、提供个人信息，造成4万余条个人信息被非法买卖、使用，严重侵害社会众多不特定主体的个人信息权益，致使社会公共利益受到侵害，据此提起民事公益诉讼。

[Judgment]

【裁判内容】

After hearing the case, Hangzhou Internet Court held that in accordance with Article 111 of Civil Code of the People’s Republic of China, where any organization or individual that needs to access other’s personal information must do so in accordance with law and guarantee the safety of such information, and may not illegally collect, use, process, or transmit other’s personal information, or illegally trade, provide, or publicize such information. . Here, the defendant illegally collected the personal information of unspecific individuals without consent from them, and sold it for profit, which infringed on the security interests of public information based on the personal information of unspecific members of society. Hence, the court ordered the defendant to pay 34,000 yuan in damages for public interest in accordance with the infringement, and make the amende honorable to the public. After the judgement, the parties deferred to the court’s decision without appeal, and it has entered into force.

（图片来源于网络）

[Judgement Summary]

【裁判要旨】

Pursuant to Article 1034 of Civil Code of the People’s Republic of China, the personal information of natural persons shall be protected by law. Personal information refers to all kinds of information recorded electronically or in other ways that can be used, by itself or in combination with other information, to identify a natural person., including name, birthday, ID number, biometric information, address, telephone number, email address, health information and trace of a natural person. Article 111 of Civil Code of the People’s Republic of China provides that any organization or individual that needs to access other’s personal information must do so in accordance with law and guarantee the safety of such information, and may not illegally collect, use, process, or transmit other’s personal information, or illegally trade, provide, or publicize such information.  In this case, the defendant illegally obtained personal information containing the name, telephone number and email addresses of natural persons without consent of the owners, and illegally sold more than 40,000 pieces of personal information for profit. The conduct of the defendant Sun constitutes a massive infringement by illegally collecting and selling personal information, which infringes on the public interest of public information security based on the personal information of a non-specific members of society and constitutes an infringement on the public interest in the field of public information security.

原文链接：

https://www.pkulaw.com/lar/a4b94b76f6368f3365182c7221b0ea54bdfb.html