The client entrusts limited company of broker of estate of Beijing catenary home to sell a house, never think individual information is risked to use by staff of catenary home company however handle living card. On November 20, court of district of Beijing rising sun makes first instance adjudicate, song Mou of the employee before cognizance catenary home China, Yang Mou east collective tort, catenary home company manages existence fault, sentence your catenary home to company, Song Mou China makes an apology and recoup Mr Zhao pecuniary loss jointly 100 thousand yuan.
Relevant data shows, 6 involve information of 3 kinds of above into tort of above individual information at the same time by enroach on, mobile phone date, home address is " heavy disaster area " . The reporter understands from sunny court, the court already lived to Beijing build appoint give out judicatory to suggest with catenary home company, strengthen information of individual of estate intermediary industry to protect.
The accused does not approbate a loss not to agree to compensate for
Sell because of entrusting be located in battalion of clear river of area of Beijing rising sun east road one flatlet house, in April 2017 portion, mr Zhao and catenary home company are signed " the building sells entrust an agreement " , submit the data such as photocopy of card of Id, house property to the 2 people such as Yang Mou of agent of catenary home company.
In September 2017 portion, mr Zhao handles Beijing living card to police station, the accused knew the building of own under one's name to had handled Beijing living card by tenant, cannot deal with again. Because the building never rents, mr Zhao on the spot demur, the policeman shows the relevant formalities that already handled living card Mr Zhao then, this ability is informed Mr Zhao is staff of catenary home company so Song Mou uses a post, embezzle the individual information data such as photocopy of card of property right of its Id, building, forged the agreement that rent a house to wait, mechanism of diddle public security handled living card with its wife for him Song Mou.
Via checking, agent Yang Mou offers Song Mou relevant certificate. After Mr Zhao demur, on September 4, 2017, song Mou dealt with Beijing to live the card that register cancels formalities.
Mr Zhao thinks, catenary home company serves an orgnaization as estate intermediary, scanty at management, encroach its what make employee uses a post civil rights and interests, conduct character and social influence are abominable, reason appeals to catenary home company, Song Mou, Yang Mou to the court, ask 3 the accused make an apology publicly, pecuniary loss of claim for compensation 100 thousand yuan, spirit damages solatium 200 thousand yuan, ask to delete individual information.
Catenary home company shows, the practice of data of company collection Mr Zhao is accorded with " estate broker runs way " , have rational basis. To the protection of client information, this company is made have administrative idea, tort employee has given repulsive. Catenary home company agrees written make an apology, but the publishs 30 days in catenary home website and mainstream website way that different idea Mr Zhao offers. Catenary home company thinks pecuniary loss did not happen actually, spirit damages solatium to not agree with lawful law provision, all reject to compensate for, but agree to be compensated inside reasonable range. To deleting information, catenary home company expresses to remove can delete after clientage.
To tort behavior, song Mou expresses, oneself are only " innocently in do sth without authorization is used " the identity information of Mr Zhao, forged the contract that rent to handle Beijing living card, but this " behavior does not have ill will " , cause actual loss and negative effect without gentleman giving Zhao, already the short message apologizes and cancel living card, reason does not agree with written apology, pecuniary loss and spirit damage solatium to also reject to compensate for. Yang Mou says, although oneself know incorrect, but better because of concerning with Song Mou, the Mr Zhao data that still saves in handle machine gave Song Mou. To the litigant request of Mr Zhao, yang Mou agrees with oral apology, but reject to compensate for.
The court maintains individual information to have property value
In front courtyard careful, staff of catenary home company is stated, after house property clinchs a deal, express of company demand dossier coils to the company library, to doing not have the dossier that clinch a deal, it is by lock of door inn assistant in the cabinet. The employee inside dossier inn all can consult, consult dossier does not have a record.
Catenary home company shows, in the Link system that client data keeps means is agent uploads electronic material interior of catenary home company, hypostatic material is kept by assistant. Company demand agent must take a picture card of client Id, house property and contract information upload.
Forensic cognizance thinks, individual information of the natural person suffers law to protect. Song Mou uses the behavior of client individual information illegally to form civil tort, yang Mou knows perfectly well the end that Song Mou uses illegally, the action that still provides information forms collective tort. Tort behavior of Yang Mou fulfills a post to exist with its immanent correlation, corresponding responsibility is assumed by catenary home company.
The court points out, catenary home company basically uses position of news dominant position, for estate market the both sides that hire carry out provides the between two parties service that information matchs. It is the core element that catenary home company seeks profits to the control of market information. Using a client while information gets a benefit, catenary home company needs to assume prep above the custodial obligation of general main body. Information uses the contract end that should be confined to a client to entrust. However, as controller, catenary home company did not build information safety to manage system and operating rules, did not make a venture to client information safety not clew, right sensitive information makes the client add close processing, its ask agent takes a picture the practice that uploads a data, also increased to encroach the possibility of individual information and dangerous sex. In the meantime, catenary home company did not adopt any actual and significant step to prevent control a venture, bring about employee to be able to divulge owner individual information easily use at illegal purpose. Superintendency flaw of the happening of this case tort fact and interior of catenary home company is direct and relevant. Catenary home company manages existence fault, the agree carries tort responsibility.
The court thinks, individual information holds a character interest and property value concurrently, adjudicate catenary home company and Song Mou make an apology publicly finally, pecuniary loss of implicative compensation Mr Zhao 100 thousand yuan. About deleting the lawsuit of individual information to request, the court did not grant to handle, point out can entrusting an agreement to stop, after remove or be being finished, advocate separately.
Reflect reflective specific problem in the light of this one case, sunny court parts to send judicatory to suggest to company of home of Beijing housing and construction committee, catenary. In the light of estate intermediary orgnaization widespread presence lacks safety of effective client individual information to keep information of normative system, individual obtains the Shi Ming that reachs use kind safety of information of individual of client of platform of Internet of inadequate, lack operates normative, lack to be taught to intermediary agent surely groom, the court suggests normative estate intermediary serves behavior, perfect industry to run a system.
Protection of information of individual of house property intermediary is strengthened urgently
According to not complete count, came 2003 between 2017, sunny court is accepted in all encroach individual information civil case 74, came to accepted 38 in all 2017 2013 among them, present growth state, value of news of this and development of big data application, individual increases and citizen protection consciousness increases about.
"Nearly 3 years accuser wins the lawsuit lead insufficient half, show drop characteristic. " Wu Bin of presiding judge of court of bridge of sunny court winebibber thinks, this and information divulge channel to increase, obligee proof information is increased to concern by the quote difficulty of enroach on of specific main body.
Tort main body presents way of socialization, tort to present network characteristic, "Stranger network tort " the main channel that becomes individual information tort gradually. Came 2013 2017, the experience that sunny court accepts encroachs individual information civil case in, the case of 79.4% happens between stranger, department of information of the individual in the case of 51.4% travels through the network, obligee sues requirement network platform to assume the case of responsibility to amount to 15, occupy than 41.7% . Outside removing a full name, obligee advocates the telephone number that be by two kinds of information with most enroach on and home address.
Wu Bin expresses, the polymerization of multiple individual information, increased information application setting and economic value greatly, also make divulge, announce or the harm sex of improper use behavior is bigger, bring bigger worry, loss and potential risk to obligee.
The reporter investigates discovery, common encroachment behavior of citizen individual information includes: Information custodian is made over, divulge individual information; Risk with, embezzle individual information; Open and illegal get individual information; Get individual information publicly illegally legally; Because the mistake is registered,bring about individual information to make public. The most typical and common getting act of individual information tort illegally is " network person pork searchs behavior " .
"Main body of increasingly complex, tort decides network environment hard, illegal cost crosses custodian of low, information to improve dynamical inadequacy to wait make the main reason that restricts individual information protection. " Introduction Wu Bin, some company staff can copy batch client information easily, user individual information is in almost " streaking " condition, relatively at low illegal cost, a lot of market main body do not wish to throw person, money, content to build individual information protection system.
For this, the court suggests citizen aggrandizement ego protects consciousness, discretion provides core individual information, tick off cautiously choose individual information accredit to use a provision, the network with good nurturance uses a convention, counterpoise actively through legal approach dimension. For example, when offerring the important data photocopy such as card of Id, house property, should handwritten make clear " this photocopy is used at handling such-and-such matter only " , utmost avoids to Xerox is copied again or make other use; The net of fictitious to offerring number makes an appointment with car, building to rent wait for network platform, use platform network as far as possible fictitious number; Before website or APP are shut, carry out first exit entry operation; Notice resolution identifies software of fishing website, fishing, do not click the link that stranger hair comes to casually, receive the sealed WIFI that does not have a password cautiously, prevent virus embedded, information by purloin.
