Staff use customer information to do residence permit, chain home is difficult to blame.

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 Staff use customer information to do residence permit, chain home is difficult to blame.


Yesterday, Chaoyang Court ruled that chains and related employees should compensate 100,000 yuan of infringed customers and apologize publicly. Beijing News reporter Liu Yang photo

Imitating customer notes and forging rental agreements, the chains and their employees were awarded compensation of 100,000 yuan. The court issued a judicial proposal to the Beijing Municipal Housing and Construction Commission.

Housing intermediaries employ Mr. Zhaos House-based residence permit privately. Mr. Zhao sues Beijing Chain House Real Estate Brokerage Co., Ltd. (hereinafter referred to as Chain Home), intermediaries Song Mou and Yang Mou to court for compensation on the grounds of infringement of privacy. Yesterday morning, the case was adjudicated in Chaoyang Court. Chains and related employees were sentenced to compensate Mr. Zhao for 100,000 yuan of economic losses and apologize publicly.

After the court hearing, Chaoyang Court issued a judicial proposal to Beijing Municipal Housing and Construction Commission on the spot, suggesting that the management system of real estate intermediary industry should be improved and information security protection should be included in the credit evaluation system of real estate intermediary industry.

Sales information is used for residence permit.

According to reports, the case was a privacy dispute between Mr. Zhao and the defendant chains and Mr. Song Mou. During the trial, the court added Yang Mou, an intermediary who provided customer information according to law, as a co-defendant.

Mr. Zhao complained that in April 2017, he commissioned chains to sell their own houses and provided copies of personal information. In September of the same year, when dealing with other matters, Mr. Zhao was informed by the police station that his house had been rented and that the lessee had obtained a residence permit in Beijing. Mr. Zhao had never rented a house or agreed to apply for a residence permit for another person.

After Mr. Zhaos inquiry, it was found that a chains employee, Song Mou, imitated Mr. Zhaos handwriting and forged a rental agreement, deceiving the public security organs to handle the residence permit.

Mr. Zhao believes that Chain Home Company should keep the personal information of customers properly, but it has not fulfilled its obligations and allowed employees to maliciously use important customer information, violating their privacy rights, causing irreparable losses and violations to Mr. Zhao. Therefore, the economic losses and mental losses of the prosecution claim are 300 thousand yuan.

The defendant confessed to invasion of privacy but refused to pay.

During the court hearing, the chains argued that there was a reasonable basis for collecting copies of Mr. Zhaos identity card and real estate card. They believed that Song Mous unauthorized use of customer identity information to forge lease contracts to handle residential permits for the houses involved was malicious disclosure of customer personal information, and had dismissed the employee and agreed to apologize in writing. However, the chains think that the economic losses did not actually occur, and the spiritual damage consolation does not comply with the legal provisions, and they do not agree to compensation.

Song Mou argued that he unintentionally and unauthorized use of Mr. Zhaos identity information and forgery of the lease contract, but the act was not malicious, because he had sent an apology, so he did not agree to compensation.

New Beijing News reporter learned that when Mr. Zhao commissioned the sale of houses, it was Yang Mou, an intermediary, who was responsible for it. Therefore, he was the specific user and custodian of the above information and certificates. Yang Mou said that Song Mou had the need for a residence permit and knew it was wrong to do so, but because of his colleague relationship, he gave Song Mou the information of the documents involved. He also agreed only with verbal apology and disagreement of compensation.

Chain owners were sentenced to joint and several liability.

According to the trial court, Songs illegal use of the plaintiffs personal information constitutes a civil tort and should bear all the liability for compensation for the damage caused by the infringement of personal information; Yangs and Songs infringement based on the expression of common intention constitutes joint tort and should bear joint and several liability. At the same time, Yangs tort is intrinsically related to the performance of his duties, so the employer chain should bear joint and several tort liability.

With regard to economic losses, the court held that with the development of information economy, the value of personal information has become increasingly prominent, and the infringement of personal information will inevitably lead to the corresponding economic compensation liability. Therefore, in view of the case and the infringement circumstances, the court determined the compensation for economic losses of 100,000 yuan. As for the mental damage consolation, the existing evidence can not prove that Mr. Zhaos personal information was leaked and caused serious mental distress, so the court refused to support it.

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The Court issues four questions in the judicial recommendation.

After the court hearing yesterday morning, in view of the problem of customer information protection of real estate intermediaries such as chains, Chaoyang Court issued a judicial proposal to the Beijing Municipal Housing and Construction Commission on the spot, put forward four problems of the current housing intermediaries, and proposed to improve the management system of the real estate intermediary industry.

According to Gao Shihua, Judge of Jiuxianqiao Court of Chaoyang Court, during the trial of this case and other cases, the Court found four problems existing in housing intermediaries: real estate intermediaries generally lack effective custody standards for personal information security of customers, such as: the custody process and duration of paper contracts are not clear, custody. The system of responsible person leads to the phenomenon that intermediaries leak citizenspersonal information from time to time; the inadequate explanation of the way of obtaining and using personal information in the commission contract of real estate intermediaries; and the lack of operational norms for personal information security of customers on the Internet platform, such as the lack of information sensitive level evaluation, by real estate intermediaries. The measures and systems of defining, key encryption processing and transmission, video surveillance of core posts, etc. lack of education, training and institutionalized supervision and management of information security custody obligations of intermediary brokerscustomers.

The court held that, as a profit-making legal person who obtains a large amount of personal information of customers in business activities, while using customer information to obtain benefits, real estate brokerage companies must undertake special custody obligations higher than general business entities. Therefore, in order to protect the legitimate rights and interests of citizens and promote the healthy development of the industry, the judicial proposal was issued to the Beijing Municipal Housing and Construction Commission.

In the judicial recommendation, the court proposed to standardize the real estate intermediary service behavior, such as clarifying the purpose of personal information use, establishing encryption processing mechanism for information transmission, improving the management system of real estate intermediary industry, guiding and enhancing personal information security protection awareness, supervision afterwards, finding problems and punishing according to law. The security protection of personal information by real estate intermediaries will be incorporated into the credit evaluation system of real estate intermediary industry, and the credit situation of enterprises will be regularly announced to the society, and the mechanism of incentive and punishment for dishonesty will be established. It is suggested to standardize the management of network platform for real estate intermediaries to store citizenspersonal information and ensure the security of information network.

In the morning, after the completion of the judicial recommendation, the court sealed the proposal to the mail.

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Chaoyang Court: 74, 44 cases of information infringement are Internet human flesh.

A few days ago, the personal information of Huazhong, which exposed the chaos in the hotel industry, was posted on the Internet. According to the reporter of Beijing News, such cases of infringing on citizenspersonal information of network human flesh type are not uncommon. Yesterday morning, Chaoyang Court held a news briefing on the hearing of civil cases involving infringement of citizenspersonal information. 44 of the 74 cases of infringement of information published at the meeting were for publishing other peoples information through the Internet. The lack of social awareness of personal information protection is the main cause of such cases.

Wu Bin, President of Jiuxianqiao Court of Chaoyang Court, introduced that according to incomplete statistics, the Court has accepted 74 civil cases of infringement of personal information in the past 15 years, of which 38 cases were accepted from 2013 to 2017, showing a growing trend.

According to statistics, common violations of citizenspersonal information include: transfer and disclosure of personal information by information custodians; fraudulent and embezzlement of personal information; disclosure of illegally obtained personal information; illegal and legally acquired personal information; and disclosure of personal information caused by incorrect registration. Among them, the most typical is human flesh search on the internet, which uses the Internet to publish other peoples information. According to statistics, there are 44 cases of infringement of personal information obtained illegally and publicly, accounting for nearly 60%. This proves that there is a general lack of awareness of personal information protection in the whole society. The low cost of illegal cases and insufficient motivation for information custodians to improve are the main reasons that restrict personal information protection. Although the case increased significantly, court investigation found that the plaintiffs winning rate declined. According to statistics, from 2003 to 2005, 75.7% of such cases were won by the plaintiff in whole or in part, which dropped to 47.3% compared with the past three years. Wu Bin introduced that this is because with the networking and electronization of information dissemination, information dissemination channels are more extensive, information leakage channels are diversified, and it is more difficult for the obligee to prove that information is infringed by a specific subject. Beijing News reporter Liu Yang source: Beijing News Editor: Qiao Jun Jing _NBJ11279

According to statistics, common violations of citizenspersonal information include: transfer and disclosure of personal information by information custodians; fraudulent and embezzlement of personal information; disclosure of illegally obtained personal information; illegal and legally acquired personal information; and disclosure of personal information caused by incorrect registration. Among them, the most typical is human flesh search on the internet, which uses the Internet to publish other peoples information. According to statistics, there are 44 cases of infringement of personal information obtained illegally and publicly, accounting for nearly 60%. This proves that there is a general lack of awareness of personal information protection in the whole society. The low cost of illegal cases and insufficient motivation for information custodians to improve are the main reasons that restrict personal information protection.

Although the case increased significantly, court investigation found that the plaintiffs winning rate declined. According to statistics, from 2003 to 2005, 75.7% of such cases were won by the plaintiff in whole or in part, which dropped to 47.3% compared with the past three years. Wu Bin introduced that this is because with the networking and electronization of information dissemination, information dissemination channels are more extensive, information leakage channels are diversified, and it is more difficult for the obligee to prove that information is infringed by a specific subject.