Private detectives tracking and secretly photographing, sentenced for invasion of personal privacy!
Private detective stalking and secret filming, convicted for violating personal privacy!
Compiled from: Shanghai Fengxian Court, Shanghai High Court
Are the actions of some "private detectives" who conduct stakeouts, surveillance, and covert photography under the guise of "emotional consulting" or "business investigation," thereby infringing upon or disclosing others' privacy and personal information, legal?
Case Review
In 2019, Dong was sentenced to one year and six months in prison by a people's court for the crime of infringing on citizens' personal information due to his work as a "private detective." Not long after his release upon completion of his sentence, he resumed his old trade.
From September 2021 to June 2023, Dong, in order to obtain illegal benefits, registered and established a Shanghai information consulting company and posted advertisements online such as “private detective” and “marriage investigation” to solicit “clients.” After “clients” placed orders, he either personally or by directing Ma and Zhao, used means such as installing mobile GPS devices on vehicles, tracking, staking out, and covert photography to obtain the target persons’ movement trajectories, activity locations, and other information, and even queried hotel check-in records through others, and illegally provided the above information to the entrusting “clients.”
Most of the consulting services operated by Dong's company involved investigations into extramarital affairs. After negotiating prices with "clients" through social media accounts, the company would send basic information about the targets to "investigators." If manpower was tight, Dong would handle the job himself. Investigation methods mainly involved staking out relevant locations or tailing vehicles, as well as taking photos and recording videos. After the investigation was completed, the compiled materials would be summarized and fed back to the "clients."
The "investigator," Ma, was a fellow townsman of Dong. Dong instructed him to install a GPS device on the target's vehicle and paid him for his services. Acting on information sent by Dong, Ma located the vehicle and installed the GPS device, monitored the vehicle's movement via his mobile phone and took screenshots, tracked the vehicle and recorded parking locations, and took photos or videos of the vehicle owner meeting with others.
The other "investigator," Zhao, was introduced to Dong through a friend. Dong instructed Zhao to track and record the target's daily movements throughout the entire process, such as following the vehicle owner to a hotel and obtaining hotel check-in records through illegal means.
During this period, Dong and others illegally profited over 100,000 yuan in total, among which Ma participated in two tracking “investigations” and illegally profited over 20,000 yuan; Zhao participated in two tracking “investigations” and illegally profited 6,000 yuan.
After being brought to justice, Dong, Ma, and Zhao truthfully confessed their criminal facts and voluntarily admitted guilt and accepted punishment. After his arrest, Dong reported and exposed similar criminal activities of others in the same industry. During the trial, all three defendants returned their illegal gains.
[1] Court Opinion
The Fengxian District People's Court held after trial that defendants Dong, Ma, and Zhao sold citizens' personal whereabouts tracking information, all constituting the crime of infringing on citizens' personal information. The People's Court, based on each defendant's role and function in the crime, determined that Dong played a major role in the joint crime and was the principal offender. Ma and Zhao played secondary and auxiliary roles in the joint crime and were accomplices. Defendants Dong, Ma, and Zhao all truthfully confessed their criminal facts and voluntarily admitted guilt and accepted punishment. Defendant Dong was a repeat offender and, after his arrest, reported and exposed similar criminal activities of others in the same industry, constituting a meritorious act. During the trial, all three defendants returned their illegal gains.
In the end, the People's Court sentenced the defendant Dong to two years' imprisonment and a fine of 120,000 yuan for the crime of infringing on citizens' personal information; sentenced the defendant Ma to one year's imprisonment with one year's probation and a fine of 20,000 yuan; sentenced the defendant Zhao to six months' imprisonment with one year's probation and a fine of 5,000 yuan; and ordered the confiscation of the recovered illegal gains and the instruments of crime transferred with the case. The judgment has now taken legal effect.
I'm ready to help translate your Chinese legal content into professional English for the Shenzhen Zhiming Law Firm website. Please provide the Chinese text you'd like me to translate.Criminal Law of the People's Republic of China
Article 253-1
Whoever, in violation of relevant state regulations, sells or provides 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; if the circumstances are especially 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.
[4] Author's Opinion
With the development of network technology, crimes involving the infringement of citizens' personal information occur from time to time, some even seriously endangering citizens' personal and property safety. Travel trajectories are highly sensitive personal information closely related to personal safety. In addition, citizens should enhance their awareness of protecting and safeguarding delivery addresses, phone numbers, location information, etc. At the same time, properly keep bank cards, ID cards, electronic banking authentication media, etc., and do not casually disclose important information such as bank card numbers, account passwords, security codes, ID numbers, SMS verification codes, and fingerprints to others, to prevent it from being stolen and used by criminals, causing property losses.
It should be noted that the investigative methods used by "private detectives" may involve illegal and criminal acts such as invasion of privacy and the crime of infringing on citizens' personal information. If there is relevant evidence showing that the client and the private detective had a conspiracy regarding the possible illegal investigative activities, or that the client "knew" or "should have known" about them, the client shall also bear corresponding legal liability.
