Private detective stalking and secret filming, convicted for violating personal privacy!

Compiled from: Shanghai Fengxian Court, Shanghai High Court

Are activities such as staking out, tracking, and secretly photographing by some "private investigators" under the guise of "emotional counseling" or "business investigation" that infringe upon and leak others' privacy and personal information legal?

Case Review

In 2019, Dong was sentenced to one year and six months in prison by the People's Court for engaging in "private investigator" work, convicted of the crime of infringing on citizens' personal information. Shortly after being released, he began "returning to his old trade."

From September 2021 to June 2023, to seek illegal profits, Dong registered and established a Shanghai-based information consulting company, posting advertisements for "private investigators" and "marriage investigations" online to solicit "clients." After receiving orders, he personally or directed Ma and Zhao to use methods such as installing mobile GPS on vehicles, tracking, staking out, and secretly photographing to obtain the target's movement trajectories and activity locations, and even inquired about hotel check-in records through others, illegally providing this information to the commissioning "clients."

Most of the consulting services operated by Dong's company involved investigations into marital infidelity. They negotiated prices with "clients" via social media accounts, then sent the target's basic information to "investigators." If short-staffed, Dong would handle it himself. Investigation methods often included staking out at relevant locations or tracking vehicles, taking photos and recording videos. After the investigation, the compiled data was summarized and provided to the "client."

The "investigator" Ma was a fellow townsman of Dong. Dong instructed Ma to install GPS on the target's vehicle and paid him for it. Ma located the vehicle based on Dong's information, installed the GPS, monitored the vehicle's movement path via phone and took screenshots, tracked the vehicle, recorded parking locations, and photographed or videoed the owner meeting with others.

Another "investigator," Zhao, was introduced to Dong through a friend. Dong instructed Zhao to track and record the target's daily movement patterns, such as following the vehicle owner to a hotel and illegally obtaining hotel check-in records.

During this period, Dong and others illegally profited over 100,000 yuan, of 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.

Ultimately, the People's Court sentenced defendant Dong to two years' imprisonment and a fine of 120,000 yuan for the crime of infringing on citizens' personal information; sentenced defendant Ma to one year's imprisonment, suspended for one year, and a fine of 20,000 yuan; sentenced defendant Zhao to six months' imprisonment, suspended for one year, and a fine of 5,000 yuan; and ordered the confiscation of the illegal gains returned to the court and the criminal tools transferred with the case. The judgment has now taken effect.

　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/or a fine; 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 a fine.

[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 of "private detectives" may involve illegal and criminal acts such as infringement of privacy and infringement of citizens' personal information. If there is relevant evidence indicating that the client and the private detective have colluded on possible illegal investigative activities, and the client "knows" or "should have known" about them, the client should also bear corresponding legal liability.