What are the constitutive elements of the crime of personal information?
1, the object of infringement: the security of citizens' personal identity information and the order of citizenship management.
2. Objectively, it shows that the perpetrator collects citizens' personal information by stealing or buying, and the circumstances are serious.
3. Subject of the crime: The subject of the crime of selling or illegally providing citizens' personal information is a special subject, which refers to the state organs or financial, telecommunications, transportation, education, medical and other units themselves and their staff (natural persons).
4. Subjective aspect: intentional.
Personal information security refers to the security status of personal information such as citizenship and property. With the popularity of Internet applications, personal information is greatly threatened, a large number of users' private information is leaked, and personal property is lost. Personal information includes:
1. Basic information. In order to complete most online behaviors, consumers will submit personal basic information such as name, gender, age, ID number, telephone number, email address, home address, and sometimes even personal basic information such as marriage, belief, occupation, work unit, income, etc. according to the requirements of service providers.
2. Equipment information. Mainly refers to the basic information of various computer terminal devices (including mobile and fixed terminals) used by consumers, such as location information, Wifi list information, Mac address, CPU information, memory information, SD card information, operating system version, etc. 3. Account information. It mainly includes online banking accounts, third-party payment accounts, social accounts and important email accounts.
4. Private information. It mainly includes address book information, call records, SMS records, IM application software chat records, personal videos, photos and so on.
5. Social relationship information. This mainly includes friend relationship, family member information, work unit information and so on.
6. Network behavior information. It mainly refers to online behavior records, various activities of consumers on the network, such as online time, online location, input records, chatting and making friends, website visit behavior, online game behavior and other personal information.
Legal basis:
People's Republic of China (PRC) personal information protection law
Article 60 The national network information department is responsible for coordinating the protection of personal information and related supervision and management. The relevant departments of the State Council are responsible for the protection, supervision and management of personal information within their respective functions and duties in accordance with this Law and relevant laws and administrative regulations.
The personal information protection, supervision and management responsibilities of the relevant departments of local people's governments at or above the county level shall be determined in accordance with the relevant provisions of the state.
The departments specified in the preceding two paragraphs are collectively referred to as departments that perform personal information protection duties.