Courier face slips were exposed and sold at a clearly marked price, causing privacy leaks. Lawyer: or will be held criminally responsible
With the launch of “Double 11” this year, the privacy and security issues of express delivery have once again been paid attention to. Recently, some media have reported a number of personal information leakage incidents caused by express delivery. That is, scammers can buy the name, phone number, address, etc. of the recipient and the sender at a price of a few yuan per order. The courier list with detailed personal information was subsequently blackmailed and defrauded.
In response, Liu Yizhou, a lawyer at the Shanghai Huacheng Law Firm, said that the act was suspected of constituting a crime and that he might be held criminally responsible. Next, relevant departments should promptly urge express delivery companies and their employees to sign confidentiality agreements for sending and delivering user information, clarifying confidentiality obligations and responsibilities for breach of contract.
The scalping of express delivery orders has been repeatedly banned, and the root cause is driven by interests in all links
The incident of express order reselling continues to ferment, and the black industry chain behind it has also caused many netizens to “tucao”, “must be thoroughly investigated and completely eradicated!” “I feel like I’m running naked”.
Chen Wenming, the founder and chief attorney of Zhejiang Xiaode Law Firm, pointed out that it is driven by interests. “The flow of information on a courier bill often goes through many links, and there is a risk of information leakage in any link.” He gave an example to reporters. For example, the express order information trading market originated from the demand of Taobao online stores, which is to increase the credibility of online stores by creating false transactions. In addition, the information about the courier bills purchased and sold will also be used for telemarketing.
Liu Yizhou analyzed that if the illegal processing of personal information infringes the legitimate rights and interests of citizens, you need to bear the corresponding civil liability; if the illegal acquisition and sale involves 50 pieces of travel trajectory, communication content, and property information, or if it involves 500 pieces of communication records and transaction information, Or if it involves 5,000 pieces of personal information of other citizens, it will also be suspected of constituting a crime and be held criminally responsible.
In fact, the “Interim Regulations on Express Delivery” that came into effect on May 1, 2018 already stipulates that companies operating express delivery services should establish express waybills and electronic data management systems, properly keep electronic data such as user information, and regularly destroy express delivery Consignment note, adopt effective technical means to ensure the safety of user information. The Personal Information Protection Law that was just implemented on November 1 also clarified that no organization or individual may illegally collect, use, process, or transmit the personal information of others, or illegally trade, provide, or disclose the personal information of others.
However, the derivation of the black industry chain did not happen overnight. Previously, the reporter found that some express companies also use some technical means to hide key information, such as concealing a word in the name or concealing it.cell phoneA certain field in the number, but not all courier companies adopt this approach. Liu Yizhou believes that the explosive growth of express delivery volume during the “Double 11” period will put personal information at risk of not being fully protected.
Investigation: The cost of illegal trafficking of personal information is low, and there are few business penalties
The interests of all parties involved in the black industry chain, behind the huge black industry, who should bear the responsibility?
The “Double 11” war started ahead of schedule, and many couriers often stayed in the district in charge until late at night. At 7pm on November 1st, the reporter saw in a community in Fengtai District, Beijing, that many express delivery waiting to be picked up did not use the “private face sheet”. “Hiding the number is actually very inconvenient for us, affecting the delivery efficiency, and users use the type (‘private face sheet’) less.” A courier told a reporter from China Central Broadcasting Network.
In addition, the reporter also noticed that even if a consumer uses the “privacy face-to-face”, the courier will write the phone number on the courier box for easy inspection when picking up the package. In interviews, some merchants also stated that the courier company did not provide sellers with this service. In addition, in addition to the express delivery link, the information leakage may also be e-commerce. “From the current experience, the illegal cost of selling personal information is relatively low, and few businesses are punished for this.” Chen Wenming was interviewed by a reporter from China Broadcasting Network. Say.
According to another industry insider, in order to cope with the problem of personal information leakage, some express companies and platforms have tried to launch “privacy face sheets” since 2017, but the usage rate has gradually declined in the past few years. One of the reasons is that some express companies , Especially companies that focus on franchising outlets do not pay enough attention and invest little.
According to the monitoring of the China Express Big Data Platform of the State Post Bureau, my country’s express delivery business volume exceeded 80 billion last year. The express delivery industry has penetrated into all corners of social life. “The protection of personal information requires legislation to establish a system”, which is repeated by Liu Yizhou. The emphasized point of view is to formulate regulations in market activities and pursue accountability in law enforcement. Only multi-dimensional linkage can ensure that personal information is properly collected and used under the premise of lawfulness.
Regarding the personal information protection law that was just implemented on November 1, Liu Yizhou believes that the punishment has been increased compared with the past, and the handling of personal information in violation of the law or the processing of personal information fails to fulfill the personal information protection obligations stipulated by the personal information protection law. May be suspended or terminated, face large fines, and potential market bans. The directors and other directly responsible persons of the illegal enterprise may be prohibited from serving as directors, supervisors, senior managers and personal information protection persons of relevant enterprises within a certain period of time.
Lawyers suggest: Consumers should pay attention to how they use the information disclosed on different platforms
Behind the repeated prohibition is the drive of interests, the huge market demand, and the inadequate supervision of some express companies.
According to media reports, after reselling the “express delivery order”, some criminals often pretend to be “e-commerce customer service” or “courier”, using “courier loss, merchant compensation”, “commodity damage, contact refund” as “bait”. , The implementation of precision fraud, extortion and other illegal acts, causing huge losses for many consumers. “After the Personal Information Protection Law takes effect, companies must face relevant obligations and responsibilities and take a more proactive approach to personal information protection.” Liu Yizhou said that the personal information protection obligations stipulated by the law will prompt these logistics companies to strengthen their personal information processing process management , To ensure that a “firewall” for information protection is established inside and outside.
Ren Chao, a professor at the School of Economics and Law of East China University of Political Science and Law, pointed out that express delivery companies should not only focus on delivery efficiency, but should also further popularize the use of “privacy face sheets” to improve the level of protection of users’ personal information. In addition, the retention period of personal information should also be specified in detail, and the shortest period of time necessary to achieve the processing purpose should be specified.
Regarding the protection of personal information in express delivery, Liu Yizhou suggested that consumers should raise their awareness of protecting their legal rights and interests, and pay attention to the types of information they leave on different platforms and the ways in which relevant personal information is used. Specifically, first, when consumers fill in personal express delivery information, they should narrow the scope of their personal information disclosure as much as possible. As long as they can receive this express delivery, the scope of information disclosure has reached the limit.
In addition, Ren Chao also reminded consumers that before discarding the express package, they must consciously dispose of the personal information on the face sheet. You can use a marker to smear out the personal information, or tear up the face sheet directly.