Zhu Hongping, a lawyer from Zhejiang Tiecheng Law Firm, believes that the 9 WeChat accounts transferred by Cheng in the case involved a large amount of customer identity information, including ID number, date of birth, address, medical records, etc. These identity information It belongs to personal information and is legally protected by law.
Zhu Hongping said, “Although Cheng obtained the relevant personal information of his customers and obtained the consent of the customers, Zhao, who obtained the information through purchase, can sell products based on the goodwill accumulated by Cheng before without expressing it. Or services, not only will potential consumers have wrong subject identification, but also he obtains and uses these personal information without the consent of Cheng’s WeChat list friends.”
According to Article 153 of the Civil Code: “Civil legal acts that violate the mandatory provisions of laws and administrative regulations are invalid.” their personal information, except that which cannot be identified by processing and cannot be recovered.”
The court explained that Cheng and Zhao were in the same industry, and the transfer of WeChat accounts was actually to transfer the customer resources in them, which was illegal. Article 253 of the “Criminal Law” stipulates that “violating the relevant provisions of the state by selling or providing citizens’ personal information to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; the circumstances are particularly serious. shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.”
Account transactions reflect the value of traffic?
Internet technology blogger “Writing a Hand in One City” believes that the biggest impression of this case is that the current traffic resources are really expensive.
“Why can Wechat sell 500,000, and what is the biggest role of these Wechats for buyers? In fact, their biggest role is traffic, accurate private domain traffic.” He believes that dozens of Wechat accounts filled with people It means that it is possible to distribute advertisements to hundreds of thousands of users who have precise needs in the circle of friends. It is understandable that a large number of accounts are sold for 500,000.
But he also said that such “resources” must be traded to ensure the user’s right to know, “I originally added a cook as a friend, but if you sold the account to a slasher, the rights of consumers would not be obtained. Protect.”
If the WeChat account does not involve other people’s information, it is simply the WeChat account itself, is that ok?
Relevant judges stated in their doubts that WeChat friends have identity and basic trust in the real-name authentication of personal WeChat accounts. The act of reselling the WeChat account used by oneself for others to use without notice, and the buyer posting information such as the circle of friends as the original user of the WeChat account is essentially a fraudulent act and violates the WeChat friend’s right to know.
In recent years, criminals have used WeChat to commit fraud, gambling, pyramid selling and other illegal and criminal activities. Lawyer Zhu Hongping believes that in daily life, it seems that it is not uncommon to buy and sell WeChat and other social account information privately, but WeChat accounts need real-name authentication and binding.cell phoneAccounts and other information, buying and selling WeChat accounts may not only infringe on citizens’ personal information, but also “help” the scammers.
In clarifying doubts, the judge said that if the unauthorized buying and selling of personal WeChat accounts is allowed, it will inevitably breed more crimes and make it more difficult to trace the source of the crime. From the perspective of protecting social public interests and citizens’ information rights, even if a personal WeChat account has a certain economic value, it is not suitable for free trading.
In fact, your WeChat ID is not yours
WeChat has formed its own stable ecosystem, and many people have become famous and rich in it. But in fact, the nature of this platform, most people do not understand.
In fact, when registering to use WeChat, the “Software License and Service Agreement” that many people have not read carefully, there are many important contents in it, which are definitely worth reading carefully.
For example, WeChat’s “Software License and Service Agreement” 7.1.2 clearly mentioned that the ownership of the WeChat account belongs to Tencent. After the user completes the application for registration, he only obtains the right to use the WeChat account, and the right to use only belongs to the initial Apply for registrant. At the same time, the initial applicant registrant shall not gift, borrow, lease, transfer or sell the WeChat account or otherwise permit non-initial applicant registrants to use the WeChat account. Non-initial applicants and registrants shall not use the WeChat account by gift, inheritance, lease, assignment or any other means.
In other words, your WeChat ID is actually not yours. In theory, you are just a passerby of your WeChat account. The account belongs to Tencent, and the user is only a free tenant of this WeChat account. For example, can you buy and sell a house with someone else’s name on the title deed? Obviously not.
But are those self-media creators and entrepreneurs who have worked hard on WeChat too insecure?
Internet technology blogger “Guojiatou Commander” believes that the social assets of young people are definitely not these accounts. “The most important social asset is yourself. If you make yourself stronger and bigger, you will naturally have huge assets.”