央视网消息:喜添新丁,本是一家人的幸福时刻,可是,上海的顾先生却在这时碰到了一件烦心事。原来,在他正忙于照顾妻子和孩子的时候,接到了一个电话,对方声称是一家儿童摄影机构的工作人员,向他推销婴儿百天照上门拍摄套餐,可是,顾先生和妻子从未和这家儿童摄影机构发生过任何联系,对方怎么会知道他妻子的姓名、电话、孩子的出生时间等等这些精准详细信息的呢?
Although he refused the other party's sales pitch on the phone, Mr. Gu thought about it, the child was just a few days old, and he didn't know about this photography agency at all, but the other party found him, and seemed to know everything about his family, which made Mr. Gu feel very unsure, so Mr. Gu immediately called the police.
The police immediately investigated the children's photography agency on the phone, and soon locked down the legal person of the agency, Zou Moumou. What is shocking is that the police found that Zou Moumou had a large amount of information such as the name of the newborn's mother, phone number, hospital at the time of delivery, and the date of birth of the newborn. And this information was all purchased by him from Wang Moumou, a staff member of the confinement service agency.
上海市静安区人民检察院检察官 陈柳眉:我们从自邹某某处扣押到的一些硬盘和电脑当中获取到一些公民个人信息,王某某本人涉及的信息条数一共是3.9万余条。
近4万条私密信息涉十几家医院 从何而来?
那么,王某某又是怎样拿到这些私密信息的呢?原来,王某某是这家月嫂服务机构常驻一家医院产科的文员,但是,办案人员注意到,在她向邹某某提供的近4万条母婴信息中,涉及上海大大小小的十几家医院,这些信息又是谁提供的呢?
With the investigation of the case, Liu Moumou of this confinement service agency entered the attention of the case-handling personnel.
Chen Liumei, procurator of the People's Procuratorate of Jing'an District, Shanghai: A colleague clerk of Wang Moumou in the head office is named Liu Moumou, and he can obtain some maternal and infant information from the confinement company, especially some large obstetrics and gynecology hospitals.
It turned out that after Wang Moumou learned that Zou Moumou wanted to buy maternal and infant information, he sold the maternal and infant information he had to Zou Moumou, and then recruited Liu Moumou, a clerk of the confinement service company, to participate in it.
Chen Liumei, procurator of the People's Procuratorate of Jing'an District, Shanghai: He can collect some maternal and infant information summarized by various hospitals, and he compiles this information into an Excel worksheet, and logs in to WeChat on the computer and sends it to Wang, who immediately sends it to Zou.
At first, 8 yuan a piece of information trading volume increases, and the price decreases
经过核实,最初,邹某某向王某某购买的信息是8元一条,在交易的信息量增大后,每条信息的价格调整为5元。在此后的三年时间里,王某某先后向邹某某出售母婴信息3.9万余条,非法获利合计人民币31万余元,其中约有16万元支付给了刘某某。面对审讯,他们都认为自己只是单线传播,没有造成扩散性的影响。
After Zou Moumou obtained the maternal and infant information, he signed a contract with a telephone company and sent the information to the telephone company, which made a sales call to the newborn's mother, and the personal information was resold layer by layer.
Criminal responsibility shall be pursued for the crime of infringing on citizens' personal information
During the review and prosecution phase of the case, the procuratorate found that Wang XX and Liu XX violated relevant state provisions by illegally selling or providing to others citizens' personal information collected in the course of performing their duties, and that the number of pieces of information sold and the amount of illegal gains exceeded the standards provided for in the relevant judicial interpretations by more than 10 times, and the circumstances were particularly serious, and the two should be investigated for criminal responsibility for the crime of infringing on citizens' personal information.
2024年10月28日,上海市静安区人民检察院以侵犯公民个人信息罪对被告人王某某、刘某某提起公诉。除要求追究2人的刑事责任外,检察机关认为,在长达3年的时间里,近4万条新生儿母亲、新生儿信息被泄露、被出售,时间跨度长,个人权益、社会公共利益受到侵害,公民个人维权成本高、难度大,应当由检察机关提请刑事附带民事公益诉讼。
2025年1月23日,上海市静安区人民法院以侵犯公民个人信息罪判处被告人王某某有期徒刑三年,缓刑三年,并处罚金十六万元;判处被告人刘某某有期徒刑三年,缓刑三年,并处罚金十七万元;判处附带民事公益诉讼被告人王某某赔偿十五万元,刘某某赔偿十六万元。邹某某涉嫌侵犯公民个人信息罪的事实不清、证据不足,不符合起诉条件,且没有再次退回补充侦查的必要,检察机关于2024年10月29日对邹某某作出存疑不起诉决定。
同时,静安区检察院认为对被不起诉人需要给予行政处罚,故于2024年11月13日提出检察意见,建议公安机关依法对邹某某作出行政处罚。公安机关于2024年12月26日依法作出给予邹某某罚款一千元的行政处罚。
The sale of information is related to the management loopholes of the confinement nanny agency
In the course of handling the case, the prosecutor also found that the reason why defendants Wang and Liu were able to easily sell a large amount of citizens' personal information had a considerable relationship with the loopholes in the management of the confinement maid service organization where they worked.
Xu Yan, Prosecutor of the People's Procuratorate of Jing'an District, Shanghai: It has not formed a strict working mechanism for the management of citizens' personal information, which is reflected in the fact that there is no clear requirement for the authority to inquire about personal information and the authority to manage it.
这家月嫂服务公司在上海十几家医院的产科派驻了月嫂,之所以每天汇总新生儿信息,主要是用于掌握营业额、用于对账、售后服务等工作业务用途。公司的文员轻易地非法出售近4万条母婴信息,作为月嫂公司,显然没有做到个人信息管理者应尽的义务。
The procuratorate formulates and issues procuratorial recommendations to confinement nanny service establishments
In order to effectively prevent the leakage of citizens' personal information and strengthen the protection of maternal and infant personal information from the source, the procuratorate issued a procuratorial recommendation to the confinement service company, and put forward specific rectification measures from the aspects of strictly regulating and reasonably determining the operational authority for the processing of relevant personal information, strengthening technical supervision, setting up a risk early warning and disposal mechanism, and strengthening the personal information security education system for employees.
The personal information on the courier bill has also been stolen
通过内部工作人员窃取个人信息的案件并不少见,在另一起案件中,快递单上的个人信息也成了不法分子窃取的目标。上海的李女士在接到一通自称是快递公司客服打来的电话后,竟损失了2万多元。让她更想不通的是,自己的手机号码刚刚更换过,知道的人很少,为什么就会有人精准地找到她,并且知道她更多详细信息呢?
先后转账2万多元 察觉异常后报警
2023年4月,上海青浦的李女士接到一个电话,对方自称是一家快递公司的客服,说李女士的快递在运输过程中丢失了,会向李女士赔偿。
Ms. Li checked the shopping records, and indeed there were online shopping goods that were shipped through this courier company, so she added the other party's QQ, and then the other party provided a QR code, allowing Ms. Li to scan the code and wait for the compensation to be received, and then the other party said that because Ms. Li's Alipay account was abnormal, the compensation was intercepted, but the payment channel has been opened, and if it is not closed in time, it will be deducted regularly, and the maximum deduction will be 72000 yuan.
这让李女士感到非常着急,一番商量后对方帮想了个解决办法,只需要转入小额款项用于验证就能关闭扣款通道。就这样李女士前前后后转入2万多块元以后发觉自己被骗了,赶紧向警方报了警。
Wang Rui, assistant procurator of the Qingpu District People's Procuratorate in Shanghai: She has just changed her mobile phone number, and there are very few people who know her mobile phone number, and this number has just been changed. How could anyone find me so precisely and also know who I am and where my family lives.
Through combing and investigation, the investigators finally found an abnormality in an outlet of the express company, and the secret was hidden in a computer specially responsible for scanning the express delivery bill.
Wang Rui, assistant prosecutor of the People's Procuratorate of Qingpu District, Shanghai: Originally, this copy should be stored in the system, and there is no function to send it to the outside world. But its current feature is that in addition to the original system to keep the copy, it also copied a copy, and according to the data information in the background, he also transmitted it to the network disk, which is obviously not in line with the regulations of the express delivery industry.
After combing and investigating the relevant information and background data, the case-handling personnel arrested the suspects Wang Moumou, Zou Moumou, and Gao Moumou who installed Trojan horse software and remotely stole express delivery information in Wuhan, Hubei.
Trojan software was installed on the computers of the outlets, and the information was stolen remotely
Trojan software was installed on the computer used to scan the express delivery bill in the express company's outlets, resulting in the remote theft of express logistics information, so how did the suspect accurately install the Trojan software into that computer?
Negotiation of business onboarding is a pretense to wait for the opportunity to install Trojan software
The police investigation found that in this criminal gang, Wang Moumou was the mastermind of the entire criminal activity, Zou Moumou was engaged in the supply chain business of the express logistics industry, and Gao Moumou was an employee of Zou Moumou's company. Wang Moumou asked Zou Moumou to negotiate business and join the cooperation in the name of taking him into an express delivery outlet of the express company in Qingpu District, Shanghai, after which Wang Moumou waited for the opportunity to install Trojan software on the express information surface of the outlet in the form of experience logistics software.
Wang Rui, assistant procurator of the Qingpu District People's Procuratorate in Shanghai: He took advantage of the absence of the staff to work, or to go to the toilet for lunch, to operate the computer, just a few minutes, plug in a USB flash drive, install it in a very hidden place, and then immediately pull out the USB flash drive and leave.
2023年3月到5月间,王某某和邹某某以洽谈业务为名,到上海、安徽、山东、黑龙江等地的4家快递公司的六七个网点里安装了能够远程操控、窃取快递信息的木马软件。除此以外,王某某还曾经用参加面试的方式进入到快递网点安装木马软件。
Wang Rui, assistant prosecutor of the People's Procuratorate of Qingpu District, Shanghai: He actually applied for some outlets for a short time, but because he was not really successful in his application, and his work enthusiasm was not so high, he was quickly dismissed, but he also successfully implanted relevant remote Trojan software in these outlets, but because the case was cracked by the investigation agency in time, he has not successfully obtained relevant citizens' personal information.
More than 2000 pieces of personal information were stolen, and more than 0 yuan of illegal profits were made
After the Trojan software was installed in the computer used to scan the express delivery label in the express company's outlets, Wang Moumou uploaded the photos scanned by the face machine to the network disk in the way of remote login control, and then sent it to Gao for sorting.
These are the photos of the stolen express delivery sheet, Gao formed a piece of personal information of citizens after identifying and sorting, uploaded to the network disk and sent to Wang. Wang Moumou then sold it at a price of 8283.0 to 0 yuan per piece through overseas chat software, and illegally made a profit of more than 0 yuan in the past month. After identification, a total of 0 pieces of citizens' personal information containing names, addresses, and phone numbers were detected from Wang and Gao's network disk accounts, and the duplicate names were removed.
2023年9月,上海市青浦区人民法院以侵犯公民个人信息罪判处被告人王某某有期徒刑八个月,并处罚金人民币五千元。判处被告人高某拘役五个月,缓刑六个月,并处罚金人民币二千元。判处被告人邹某某犯拘役五个月,缓刑六个月,并处罚金人民币二千元。
The procuratorial organs formulated and issued procuratorial recommendations to urge express companies to plug loopholes
In this case, the prosecutor also found that there were loopholes in the management of personnel entering and exiting the core workplace and the back-end technical investigation of the express delivery company, and the procuratorate issued a procuratorial recommendation to the express delivery company involved in the case, urging the express delivery company to implement stricter measures to protect citizens' personal information.
At present, according to the requirements of the procuratorial recommendations, the relevant express delivery companies have carried out rectification in the real-name access management of express outlets, equipment face brushing operations, system remote login reminders, and regular investigation of suspicious software in outlets nationwide, so as to strictly prevent the leakage of citizens' personal information.
Source: CCTV