新潮紀添，本是一家人的幸福時刻，可是，上海的顧先生卻在這時碰到了一件煩心事。原來，在他正忙於照顧妻子和孩子的時候，接到了一個電話，對方聲稱是一家兒童攝影機構的工作人員，向他推銷嬰兒百天照上門拍攝套餐，可是，Mr. Gu and his wife have never had any contact with the children's photography agency, so how could they know the precise details of his wife's name, phone number, time of birth of the child, etc.?

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. Shockingly, the police found thatZou Moumou has a large amount of information such as the name of the newborn's mother, her phone number, the 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.

　　Chen Liumei, Prosecutor of the People's Procuratorate of Jing'an District, Shanghai:我們從自鄒某某處扣押到的一些硬碟和電腦當中獲取到一些公民個人資訊，王某某本人涉及的信息條數一共是3.9萬余條。

　　4萬條私密資訊涉十幾家醫院 從何而來？

　　那麼，王某某又是怎樣拿到這些私密資訊的呢？原來，王某某是這家月嫂服務機構常駐一家醫院產科的文員，但是，辦案人員注意到，在她向鄒某某提供的近4萬條母嬰資訊中，涉及上海大大小小的十幾家醫院，這些資訊又是誰提供的呢？

With the investigation of the case, Liu Moumou of this confinement service agency entered the attention of the case-handling personnel.

　　Chen Liumei, Prosecutor of the People's Procuratorate of Jing'an District, Shanghai:A colleague of Wang Moumou in the head office is called Liu Moumou, and he can obtain some maternal and infant information in 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, Prosecutor of the People's Procuratorate of Jing'an District, Shanghai:He can collect some maternal and infant information summarized by various hospitals, and he edits this information into an Excel worksheet, and the computer logs in to WeChat 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

　　經過核實，第一，鄒某某向王某某購買的資訊是8元一條，在交易的資訊量增大后，每條資訊的價格調整為5元。在此後的三年時間里，王某某先後向鄒某某出售母嬰資訊3.9萬余條，非法獲利合計人民幣31萬余元，其中約有16萬元支付給了劉某某。面對審訊，他們都認為自己只是單線傳播，沒有造成擴散性的影響。

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.

　　It shall be charged as the crime of infringing on citizens' personal information

　　Pursuant Criminal Liability

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，上海市靜安區人民檢察院以侵犯公民個人資訊罪對被告人王某某、劉某某提起公訴。除要求追究2人的刑事責任外，檢察機關認為，在長達3年的時間里，近4萬條新生兒母親、新生兒信息被洩露、被出售，時間跨度長，個人權益、社會公共利益受到侵害，公民個人維權成本高、難度大，應當由檢察機關提請刑事附帶民事公益訴訟。

　　2025年1月23日，上海市靜安區人民法院以侵犯公民個人資訊罪判處被告人王某某有期徒刑三年，緩刑三年，並處罰金十六萬元；判處被告人劉某某有期徒刑三年，緩刑三年，並處罰金十七萬元；判處附帶民事公益訴訟被告人王某某賠償十五萬元，劉某某賠償十六萬元。鄒某某涉嫌侵犯公民個人資訊罪的事實不清、證據不足，不符合起訴條件，且沒有再次退回補充偵查的必要，檢察機關於2024年10月29日對鄒某某作出存疑不起訴決定。

　　同時，靜安區檢察院認為對被不起訴人需要給予行政處罰，故於2024年11月13日提出檢察意見，建議公安機關依法對鄒某某作出行政處罰。公安機關於2024年12月26日依法作出給予鄒某某罰款一千元的行政處罰。

　　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 Shanghai Jing'an District People's Procuratorate:It does not form a strict working mechanism for the management of citizens' personal information, which is embodied in the fact that there is no clear requirement for the authority to inquire about personal information and the authority to manage it.

　　這家月嫂服務公司在上海十幾家醫院的產科派駐了月嫂，之所以每天匯總新生兒資訊，主要是用於掌握營業額、用於對賬、售後服務等工作業務用途。公司的文員輕易地非法出售近4萬條母嬰資訊，作為月嫂公司，顯然沒有做到個人資訊管理者應盡的義務。

　　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 authority for the processing of relevant personal information, strengthening technical supervision, setting up a risk early warning and handling mechanism, and strengthening the personal information security education system for employees.

　　The personal information on the courier bill has also been stolen

　　通過內部工作人員竊取個人資訊的案件並不少見，在另一起案件中，快遞單上的個人資訊也成了不法分子竊取的目標。上海的李女士在接到一通自稱是快遞公司客服打來的電話后，竟損失了2萬多元。讓她更想不通的是，自己的手機號碼剛剛更換過，知道的人很少，為什麼就會有人精準地找到她，並且知道她更多詳細資訊呢？

　　先後轉帳2萬多元

　　察覺異常后報警

　　2023年4月，上海青浦的李女士接到一個電話，對方自稱是一家快遞公司的客服，說李女士的快遞在運輸過程中丟失了，會向李女士賠償。

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.

　　這讓李女士感到非常著急，一番商量后對方幫想了個解決辦法，只需要轉入小額款項用於驗證就能關閉扣款通道。就這樣李女士前前後後轉入2萬多塊元以後發覺自己被騙了，趕緊向警方報了警。

　　Wang Rui, Assistant Procurator of the People's Procuratorate of Qingpu District, 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 Procurator of the People's Procuratorate of Qingpu District, Shanghai:Originally, this one should be in the system memory, 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 is installed on the network computer

　　Information is 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?

　　Negotiating business onboarding is a disguise

　　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 People's Procuratorate of Qingpu District, Shanghai:He took advantage of the absence of the staff on duty, or the work interval between going to the toilet and lunch, to make a computer, just a few minutes, plugged in a USB flash drive, installed it in a very hidden place, and then immediately pulled out the USB flash drive and left.

　　2023年3月到5月間，王某某和鄒某某以洽談業務為名，到上海、安徽、山東、黑龍江等地的4家快遞公司的六七個網點里安裝了能夠遠端操控、竊取快遞資訊的木馬軟體。除此以外，王某某還曾經用參加面試的方式進入到快遞網點安裝木馬軟體。

　　Wang Rui, Assistant Procurator of the People's Procuratorate of Qingpu District, Shanghai:In fact, he also 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, so he was quickly dismissed, but he also successfully implanted relevant remote Trojan horse software in these outlets, but because the case was solved by the investigation agency in time, he has not succeeded in obtaining relevant citizens' personal information.

　　Stealing more than 8000 pieces of personal information

　　Illegal gains of more than 2000 yuan

After the Trojan horse 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，上海市青浦區人民法院以侵犯公民個人資訊罪判處被告人王某某有期徒刑八個月，並處罰金人民幣五千元。判處被告人高某拘役五個月，緩刑六個月，並處罰金人民幣二千元。判處被告人鄒某某犯拘役五個月，緩刑六個月，並處罰金人民幣二千元。

　　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, 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 News