The movie "Huge call" tells the story of transnational telecom fraud group fraud and arrest process, in the film, fraud leader Lin Mou and his girlfriend A Fang to the elderly, children and other psychological defense weak groups as the target for fraud. Among them, there is a description of Lin's sister who jumped helplessly from a building after being cheated by A Fang, which made many viewers sigh. But that's not entertainment. That's a real case.

On August 19, 2016, a telecommunications fraud case occurred in Luozhuang District, Linyi City. Xu Mou, an 18-year-old prospective college student, was defrauded by others to issue financial aid on the grounds of 9,900 yuan by way of bank ATM transfer. After finding that he was cheated, Xu and his father went to the public security organs to report the case, fainted on the way home, resulting in cardiac arrest, and died in hospital.

Although the criminals were eventually caught, the telecom company immediately suspended the suspected number, but the girl died, causing such a heavy consequence. Who, exactly, became an accomplice in the chain of death?

Treasure in information

In February 2005, a 30-year-old Wuhan resident, Zhou Mou, registered Shanghai Information Technology Co., LTD., hired relatives Li Mou, Zhang Mou and others to buy and sell corporate information and citizens' personal information through the Internet, and "hawking" other people's ID number, mobile phone number, account number, address and other "private" information on the Internet. The content involves real estate, automobiles, finance, entertainment, IT and other industries, and the victims are men and women, old and young, and even newborn babies are not spared, and the personal information of citizens is freely mastered and traded up to 30 million pieces. Later, Zhou confessed in the public security organs that from 2005 to the time of the incident, his personal profit was as high as 1 million yuan.

On August 5 of the same year, the Shanghai Pudong New Area People's Court held a trial of 10 defendants, including Li Mou, suspected of illegally obtaining citizens' personal information. The court made a judgment of first instance, 10 defendants were convicted of illegally obtaining citizens' personal information, nine of them were sentenced to fixed-term imprisonment of 2 years to 6 months of detention, suspended for 6 months, fines ranging from 40,000 yuan to 10,000 yuan, and one defendant was exempted from criminal punishment.

Every day we get a lot of junk messages, our email boxes are filled with junk ads, and every now and then we get a call from helpful customer service. The online survey showed that as of the end of 2017, 76% of respondents were "often" bombarded by calls from agents, the remaining 24% were "occasionally" called by agents, and the proportion of respondents who chose "never" was zero. In other words, 100% of respondents have had the experience of answering the phone of a real estate agent. Compared with sudden and endless interruptions, users are more worried about their personal information has been completely exposed, and there is no privacy at all. So, how on earth did our personal information get by the criminals, and who betrayed us?

In order to explore how illegal elements get personal information, there have been reporters in the name of job hunting into a telecom fraud gang, after weeks of unannounced visits, and finally find out the "door". All the office equipment is in a small, dark residential building, filled with computers, phones and user data. The daily task of the staff is to sort the data into categories of "senior", "student" and "special". The "special" category is mainly for business owners and senior officials. The gang purchased 10,000 pieces of personal information from each offline "broiler" (" broiler "is the user's personal information) or directly from the partner, with a price of 5,000 to 7,000 yuan. Then after finishing and following the template script to cheat. After several weeks of hibernation, the reporter grasped the criminal evidence of the gang, and then cooperated with the police to bring it to justice.

1. Do not submit personally identifiable information on the website. The privacy of individuals is often unintentionally disclosed by themselves, so do not easily submit your information on the website.

2. Send friends circle, micro blog, do not write some private information because the number of visitors will not be noticed. Once published, it can't be taken back, the article will be archived, reprinted, and even distributed to many websites you will never know about, and the search engine tentacles will find any corner of the Internet.

3. Use a secure, non-fixed password. If you must save your information on the network, use a secure and complex password to protect it. Secure passwords are typically longer than six characters and avoid regular combinations of letters or numbers.

4. Protect personal computers and mobile phones. Your computer and mobile phone must have adequate security Settings, put on the latest system patches, enable the firewall, and install anti-virus software to ensure that personal computers and mobile phones are not hacked. If you find that there is an abnormal intrusion, you should disconnect the network connection within the first time, and then detect and repair.

5. Avoid handling important data on public networks. In addition to the general network, many people like to use phones and mobile terminals to surf the Internet, and many outdoor locations also provide free Wi-Fi services. Since most of these public networks do not encrypt data, users should take extra care when using these networks to avoid processing important personal data. Mobile end users should also install and regularly update anti-virus software to prevent hacking.

6. Properly dispose of express bills, tickets, shopping receipts and other documents containing personal information. For example, the Courier will usually record your name, address and contact information. If you throw it away, you will inadvertently reveal a lot of information about yourself.

7. Fill in the questionnaire carefully. On the Internet, on the street, you may encounter people asking you to fill in the questionnaire under various excuses. At this time, do not fill in the questionnaire at will, let alone fill in personal important information on the questionnaire.

 Although expert recommendations and legislative proposals for the 2005 Personal Information Protection Act have been submitted, they are still in the process of deliberation and have not yet been formally promulgated. Therefore, in the absence of special legal protection, the current legal system forms indirect and limited protection of personal information through the protection of personality interests such as general personality rights and privacy rights.

At present, there are relatively few laws, regulations, rules and judicial interpretations that directly protect "personal information" in Chinese laws, among which only the Criminal Law of the People's Republic of China, the Passport Law of the People's Republic of China, and the Identity Card Law of the People's Republic of China directly provide for the protection of "personal information". Article 12, paragraph 3, of the Passport Law of the People's Republic of China stipulates that "Passport issuing authorities and their staff shall keep confidential the personal information of citizens that they have come to know as a result of the production and issuance of passports." Article 6, paragraph 3, of the Identity Card Law of the People's Republic of China stipulates that "the public security organs and the people's police shall keep confidential the personal information of citizens that they have come to know through the production, issuance, examination and detention of resident identity cards."

Due to the increasingly serious disclosure of personal information, the Criminal Law Amendment (7) of the People's Republic of China passed by the National People's Congress in 2009 added the crimes of selling, illegally providing citizens' personal information and illegally obtaining citizens' personal information, which strengthened the protection of personal information. In addition, the "Interim Measures for the Management of Personal Credit Information Basic Database", a departmental regulation of the People's Bank of China, has also made more detailed provisions on the collection, processing, utilization and circulation of personal credit information, which is a milestone in the legislative history of personal information protection in China. The Interim Measures for the Management of the Basic Database of Personal Credit Information set a precedent for personal information protection legislation in special fields in China.

The extraterritorial Personal Information Protection Law can be summarized into two modes: unified legislation and decentralized legislation. Japan and most EU countries have adopted a unified legislative model, while the United States, Denmark and other countries have implemented decentralized legislation. For our country, whether it is unified legislation or decentralized legislation, both modes have their merits.

Our country has always adopted a unified way in legislation, there is a unified mother law in every field, on the basis of the mother law to formulate related sub-laws. The unified legislation mode conforms to the legal background of our country, and has the enforcement power of national law, which can effectively protect personal information from being infringed.

In the United States, there is no specific and systematic law on personal information protection legislation, and the protection of information privacy is mainly divided into decentralized legislation in the public domain and industry self-discipline model, and the balance between the free flow of information and the protection of information rights is maintained through industry norms.

Countries that adopt decentralized legislation mode emphasize the self-regulation of non-public sector more. At present, China's industry self-regulation mechanism is not mature, and it can not directly refer to the United States and other countries to implement decentralized legislation mode. Moreover, decentralized legislation is time-consuming, cumbersome and repetitive, and may encounter obstacles in the process of protecting personal information legislation.

Therefore, whether it is unified legislation mode or decentralized legislation mode, there are reasonable and desirable places. Ultimately, they all need to be supported by their own values and social foundations. In the process of legislation for the protection of personal information, we should draw on the useful experience of the two models and make a specific system design according to our national conditions and social trends.