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A Foreign Couple were Prosecuted Because of Illegal Sale or Provision of Chinese Information

2014-August-4       Source: Newsgd.com

It was reported recently that a foreign couple of company A in Shanghai (one of them is the legal representative) were prosecuted by the Shanghai Procuratorates First Branch because they were suspected in illegally acquiring the personal information of citizen.

It was reported recently that a foreign couple of company A in Shanghai (one of them is the legal representative) were prosecuted by the Shanghai Procuratorates First Branch because they were suspected in illegally acquiring the personal information of citizen. According to the examination, the couple ran the business by the name of the A company and another Chinese company, and from April, 2009 to July, 2013, they were authorized by the native and overseas clients through these two companies, investigating the information of thousands of companies and citizens, and illegally purchased hundreds of the residential information, the background of family, the information of real estates and vehicles, the record of entry and exit, the phone records and so on in the amount of RMB 800 and more. Additionally, they acquired the personal information by tracing, taking photo and such illegal methods. Afterwards, they issued the report written based on the information to the principals with expensive price, and gained millions of profits annually. The major clients of them were international corporations located in China, including manufactory, financing institutional, law firms and other organizations, including 16 countries such as America, Germany, UK, France, Japan and so on.

It is stated clearly in Amendments to the Criminal Law of the People's Republic of China (VII) with its effect from 28 Feb, 2009 that in serious cases, natural person stealing or obtaining the personal information in illegal manners shall be subject to maximum three years' imprisonment or criminal detention and a fine concurrently or separately. From 16, Oct, 2009, such crime is defined as Crime of illegal sale or provision of citizens' personal information.

(This information is provided by Lawyer Kelly Xie from Guangdong KaiTong Law Firm in friendship. It is not any legal opinion or legal grounds addressed to any organization or individual. For inquiry, please contact Kelly via email at Kelly_xie@ktlf.com.cn or by phone on 13926185641.)

Editor: Olivia

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