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Original title: What is the responsibility of Yuantong, who apologizes for leaking 400,000 personal information? Is it possible to file a complaint?
As for the report of 400,000 personal information leaked from Yuantong’s “inner ghost”,YTO ExpressIn response on November 17, the investigation found that individual employees at franchised outlets were suspected of colluding with outside criminals, using employee accounts and illegal third-party tools to steal waybill information, resulting in a leak. of information. Yuantong apologizes for the problems raised in this case.
In this information leakage incident, what responsibilities should YTO take? Can the user whose information has been leaked file a complaint? Chinathe networkRule of law of the AssociationworksCommitteevicesecretaryChang Hu Gang to China-Singapore JingweicustomerFinal analysis, users eYTO Expressoccurto contractSales relationship, but due toYTO ExpressLax management,storageBad, resulting in information leaking about the user,YTO ExpressIt should bear the corresponding civil liability.
Yuantong admits that “citizens’ personal information leaked”
According to the Beijing News, the Handan Public Security Bureau recently found that criminals colluded with many “inner ghosts” in the Handan District of YTO Express, stealing citizens’ personal information through paid rental of system accounts. employees of YTO and then reselling citizens’ personal information. Several criminals downstream.
It is understood that the leaked information includes six dimensions of address, name, telephone number and telephone number, sender name and address. According to the Beijing News, citing people familiar with the matter, if the above six dimensions of information are combined to form one piece of information, the number of information leaked this time actually exceeds 400,000 pieces. police and prosecutors have confirmed that the information leaked, there is a certain dimension of “*” to hide and disappear.Complete information“For example, the sender is” Zhang San “, but the sender’s phone number is” * “. According to statistics, there are approximately 45,000 complete information in six dimensions. According to Ma Moujie’s confession, the information he will collect Prepare and sell, every messageunit priceIt is about 1 yuan.
On the morning of November 17th, YTO Express responded to this. YTO stated that by the end of July 2020,the companyThe head office’s real-time risk control system checks that two accounts in affiliated branches in Hebei Province have abnormal requests on the waybill information other than the branch, and is believed to be a manifestly abnormal operation . The risk account is closed as soon as possible and the quality is established immediately. An investigation team made up of departments such as Control, Security, Information Center, Network Management, and Hebei Provinces and Autonomous Regions investigated the taking of evidence into this incident. The investigation revealed that individual franchisee employees were suspected of colluding with outside criminals, using employee accounts and illegal third-party tools to steal waybill information, resulting in information leaks. There are about 43,000 sensitive fields.
YTO said the company subsequently reported the case to the local public security department and cooperated fully with the investigation. The suspect was arrested in September.
lawyer： Yuantong Express assumes the corresponding civil liability for compensation
Hu Gang said that currently in accordance with the “Counter-Terrorism Law” and “Postal Law”, users must send and receive express deliveries with the real name system.enterprise, Courier companies are obligated to require users to provide truthful personal information. The law also provides that in this case couriers must strictly protect citizens’ personal information. From the information leaked by YTO it can also be seen that the carrier information generally includes six dimensions of the recipient’s address, name, telephone number and telephone number, sender’s name and address, which are all information. sensitive personnel.
Hu Gang said the next “Civil Code”, “consumptionThe law on the protection of the rights and interests of individuals and the law on network security establish clear requirements for the protection of personal information and the collection and use must follow the principles of lawfulness, justification and necessity. Criminal law expressly provides for the crime of violating the personal information of citizens. Violation of relevant state regulations by selling or providing citizens’ personal information to others in serious circumstances will be sentenced to fixed term imprisonment not exceeding three years or criminal detention, along with a fine; those who are particularly serious will be sentenced to term imprisonment of not less than three years but not more than seven years, and Bene. “Relevant responsible persons, such as failing to take protective measures within the company, or letting their hands sell personal information, or failing to take effective measures to stop the sale of personal information in a timely manner, they must also bear the corresponding criminal responsibilities “.
Hu Gang said it is worth mentioning that, in addition to the direct and relevant persons responsible for the corresponding criminal liability, business operators such as YTO Express must bear the corresponding civil compensation liability. Hu Gang said: “Users and YTO Express will verifyContract of saleThe relationship is not a contractual relationship with the employees of YTO Express franchise stores. The user submits his personal information to trust the company. Consequently, due to mismanagement and improper storage of the company, user information leaks and potential losses, the user must seek civil compensation. “
As for how to compensate, Hu Gang said it is difficult to determine. “Article 55 of the Consumer Rights Protection Act provides that if it existsConsumer fraud, Compensation should be based on a refund of compensation and a minimum of 500 yuan, I think it should be paid at least 500 yuan. “Hu Gang suggested that the public security agency responsible for detecting the case should disclose the time and area of the leaked information, so that users know they could be victims. Users can also bring civil lawsuits through personal disputes, disputes of public interest and representative disputes Claim for compensation.
Meng Bo, a Beijing Jingshi lawyer, told client Sino-Singapore Jingwei that the “Network Security Law” states that network operators must not disclose, tamper with or destroy the personal information they collect; network operators should take technical and other necessary measures. To ensure the security of personal information collected from them, to prevent information leakage, damage or loss; when a leak of personal information, damage or loss occurs or may occur, corrective measures must be taken immediately and users must be informed in a timely manner in accordance with regulations and relatedSupervisorDepartmentrelationship. If a company violates this regulation, it will have to bear the corresponding legal responsibilities.
Judging by YTO’s response, the incident involved “collusion between internal and external.” Meng Bo said that in accordance with the provisions of criminal law,serviceCitizen’s personal information obtained during the trial, sold orsupplyThe actions of others must be severely punished.
The phenomenon of leaked information has a long history
The phenomenon of information leakage and express courier traffic has always been at the center of media attention.
In November 2012, the media reported that information about express tracking numbers had leaked on a large scale, and several websites that specialize in trading express tracking numbers were even derived. These trading websites show that the carrier tracking numbers exchanged are from multiple carriers including Shentong, YTO, Zhongtong, and Yunda.
In August 2013, CCTV reported that a completed express delivery form can be sold online for 40 cents. Offline express delivery points also sell front orders. Most of the buyers are e-commerce sellers. They use information such as the order number on the delivery order to create fake transactions to increase credibility. Express companies that have been exhibited include YTO, Shentong, and Tiantian Express.
In 2018, Shanghai Jiading police solved a case where a courier privately sold a receipt. The courier paid 150 yuan for 10,000 copies.priceSold to a gym vendor. Eventually, Fu and gym salesman Wei, who were arrested by Jiading police on suspicion of hacking into citizens’ personal information.
According to the analysis of senior insiders of the network information security industry, as face-to-face information in the express industry involves not only the name, phone number, but also more sensitive information such as home address, they belong to the kind that criminals regard as “the strongest information monetization capability.” So, after information is leaked, it often flows into fraudulent channels, causing more damage. For example, this information often appears in precision scams such as “cash on delivery fraud”.
Hu Gang believes that for the leakage of users’ personal information in the express delivery industry, the criminal, administrative and civil responsibilities of the corresponding persons should be investigated. “Whether knowingly, technically or in the management system, any loopholes should be closed. At the same time, losses must be compensated and everyone must be compensated, otherwise these things will happen indefinitely in the future.” Hu Gang Say.
(Source: Sino-Singapore Jingwei)
(Responsible publisher: DF358)
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