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Disclosure of personal information should be classified as a felony.
Using personal information to commit fraud, extortion, gambling, injury and other crimes has become a major feature of such crimes in recent years. In quite a few such crimes, people can find that mastering personal information has become a prerequisite for the implementation of criminal acts, and it is also the basic starting point for the corporatization and organization of such crimes. In the era of big data, these personal information is not limited to basic information such as name, gender, age and address, but also includes personal whereabouts, behaviors and unique physiological and biological characteristics. It is this leakage of personal information that leads the perpetrator to fabricate a “story” that is difficult to be seen through according to the comprehensive information of the victim, so as to achieve the purpose of crime.
In the last month, many Beijingers (maybe some people outside Beijing) have received calls with numbers showing that they are from some countries in the Middle East. Callers can call the names of the callers directly and accurately, and then make up the story of “medical insurance bill” … According to people who received such calls, although some of them did not have the problem of “medical insurance bill”, they did have the experience of logging on the registration platform to register for themselves or others recently … This shows that, These organized criminal callers have accurately mastered a large number of personal information, and only need the link of “diagnosis and subsequent disposal” to complete the closed loop of “story”.
In the pre-network era, the great value of personal information did not show up. In industrialized countries, the yellow pages in telephone booths contain the names and address information of almost all telephone number owners in alphabetical order. At that time, this information provided some convenience for product promotion at best. Considering the cost of telephone use and the fact that the address and location only indicate the possible income level of households, the cost of imprecise marketing by casting a net is high, which objectively reduces the use value of these personal basic information. However, in the era of big data, a person’s basic identity information plus the characteristics of his behavior track can roughly “see through” a person’s behavior preferences and even personality based on general life knowledge without the help of “algorithms”. Most of these are the openness and transparency of personal privacy information, which not only brings all kinds of unexpected risks to individuals, but also increases the risks and costs of the whole society.
It is precisely this kind of risk and cost that has prompted some countries to implement stricter measures to protect personal information, especially physiological and biological information. Some countries even simply banned the public issuance of yellow pages and the advertising based on it, and upgraded the crime involving the disclosure of personal information to a felony to be punished. In the era of big data where the value of personal information is prominent, it is necessary to classify the disclosure of personal information by large-scale trading as a felony.