Filed under criminal-liability
Every brief tagged "criminal-liability".
- § 01 · SPP
Five Years of PIPL: The Supreme People's Procuratorate's Eight Typical Cases on Personal Information
On November 2, 2026, the day after the fifth anniversary of the Personal Information Protection Law taking effect, the Supreme People's Procuratorate (SPP) issued eight typical cases on protecting citizens' personal information. Seven are prosecutions for the crime of infringing upon citizens' personal information (Criminal Law Article 253a); the eighth is a civil public-interest suit. DCC translates the SPP's release in full and maps the eight cases for counsel. Four points stand out. Information that is already public is 'not a public resource': compiling rental listings and selling them abroad, beyond the purpose for which they were posted, is the crime (Case 5). A passenger's upcoming flight is 'whereabouts and tracks' information, the most tightly protected criminal category (Case 6). Three of the eight leaks ran through people with legitimate access: insiders at source units, an airline's outsourced call-center agent, and bribed HR staff (Cases 1, 6, 7). And procuratorates now attach public-interest damages to PI crimes, set by sensitivity, scale, public value and cross-border risk rather than by what the offender earned: RMB 4 million against one recruitment-data seller (Case 7) and RMB 1.5 million against two people who scraped 3.86 million cancer-hospital records and moved them overseas, when their proven profit was RMB 10,800 (Case 8). The full notice and all eight cases are on the DCC law page.
- § 02 · ENFORCEMENT
公安部网安局 Publishes 10 Typical Cases of Infringing Citizens' Personal Information — Insiders, Order Decryption, and Article 253a in Practice
On 11 August 2026 the MPS Cyber Security Bureau (公安部网安局) published ten typical cases (典型案例) of the crime of infringing upon citizens' personal information, brought under the Clean Net special campaign (净网专项行动). Across the batch: 123 suspects, more than 9.6 million items of personal information, and roughly 23.6 million yuan in case value. The striking feature is not the volume but the access route — in at least half the cases the data came out through someone with legitimate access: an employee, a planted hire, a service vendor, a hotel partner, or a school and hospital staffer. This DCC brief translates all ten fact patterns, sets them against Criminal Law Article 253a and the 2017 PI Criminal Interpretation thresholds, and draws out what the batch signals for companies whose exposure runs through their own staff and vendors.
- § 03 · CRIMINAL-LIABILITY
When PIPL Violation Becomes a Crime — Hong Yanqing on China's Personal Information Criminal Threshold
Hong Yanqing on the criminal-side analog to PIPL — when does mishandling personal information cross from administrative violation into the crime of 'infringing on citizens' personal information'? His critique: the two key elements ('relevant State provisions' and 'serious circumstances') are too loose, and courts have stretched them in ways that should worry compliance teams.