According to the Procuratorial Daily, a website recently released a message claiming that "for just 5 yuan, you can check detailed ID card information." This immediately sparked concerns among many people about the security of personal information. Websites offering ID queries claimed they would "make every effort to ensure information security," but people still worried their personal information might be exploited. After logging into Jueniu.com, which provides this type of service, and inputting a set of real names and ID numbers while paying the 5-yuan inquiry fee, it was discovered that the ID photo, address, and other details were the latest information updated not long ago by the ID owner, all accurate without error. Subsequently, when logging into similar commercial websites like iP138, entering different ID information, and using mobile payment or Alipay for paid inquiries, if the name matched the ID number, then the corresponding photo would be displayed.
Legal Focus:
● Can citizens' identity information be queried at will?
● What potential safety hazards could arise from disclosing citizens' personal information?
● Does the website infringe on rights by publishing citizens' identity information?
Lawyer Interpretation:
Strict Procedures for Querying Identity Information
Lawyer Xu Zhanqin, secretary-general of the Media and Publishing Law Special Committee of the Beijing Lawyers Association, said that even if there is a special need to check citizens' identity information, procedures should be strictly followed, with relevant institution staff conducting the query on behalf of the applicant, rather than allowing direct access to these data by the querier.
According to China's relevant laws and regulations, citizens who wish to check their own ID card information should inquire with the public security bureau at their registered residence; if one wishes to check another person's ID information, it can only be done through an application to the police or other judicial authorities (such as holding a court's legal document to inquire with the public security bureau or having a lawyer conduct the inquiry on behalf).
Public Disclosure of Citizens' Identity Information Poses Risks
Lawyer Xu Zhanqin stated that making citizens' identity information public could lead to significant safety hazards.
Firstly, it may result in the leakage of personal information. Despite claims by related websites that personal identity information is very secure, technically speaking, these pieces of information could potentially be leaked.
Secondly, it may provide opportunities for identity fraud crimes. Without verifying the user's information, anyone can casually check the matching status of residents' ID cards, which may facilitate some criminals stealing information to create fake IDs for illegal activities.
Websites Providing Identity Information May Be Violating Laws
Lawyer Li Jingtao of Beijing Guolian Law Firm indicated that if a website provides open query services for identity information, it could be suspected of violating laws, as such actions infringe upon citizens' right to privacy.
An ID card serves as proof of a citizen’s identity, ensuring the legality and effectiveness of participation in various social activities, and is widely used in handling political, economic, and social life-related affairs. The information on an ID card can only be queried by specific agency personnel (public security, procuratorate, court, judiciary) or specific individuals (such as the holder themselves or associated persons).
Citizens' ID information is part of their privacy. Without obtaining consent from the individual, if a website discloses it to third parties merely upon payment, it directly infringes upon citizens' right to privacy. If the provided information is incorrect or cannot be queried after payment, it may involve fraudulent activity.
Lawyer Li believed that websites fundamentally cannot guarantee the security of users' identity information. Since websites offer online queries, there will always be technical vulnerabilities, and hackers have the potential to intrude.
Additionally, due to the frequent use of ID cards, there is a high possibility of others knowing one's ID number and name. With just these two valid pieces of information, one can spend 5 yuan to obtain a citizen's ID photo and other information, which does not ensure any level of security.
If Identity Information is Publicized, Claims Against Websites are Possible
Lawyer Li Jingtao said that institutions like the Ministry of Public Security's National Citizen ID Number Query Service Center and some authorized websites should engage in ID information queries for public welfare purposes.
If personal ID information is arbitrarily disclosed to third parties by websites, leading to infringements on citizens' interests, the victims can sue the website to stop the infringement and also request compensation or an apology. If the information provided by the website is incorrect or no query is conducted after payment, it may涉嫌fraud.
China's Resident Identity Card Law stipulates that if financial, telecommunications, transportation, education, medical and other agency staff arbitrarily disclose resident ID information, the public security organs will impose detention for more than 10 days up to 15 days, and a fine of 5000 yuan. Any illegal gains will be confiscated.
If an entity leaks resident ID information, the principal personnel involved will be detained for more than 10 days up to 15 days, and fined between 100,000 to 500,000 yuan. Any illegal gains will be confiscated.
Special Reminder:
Usernames and Passwords Should Be Updated Regularly
Lawyer Xu Zhanqin pointed out that currently, 20% to 30% of internet users use the same username and password across almost all websites, giving hackers ample opportunity.
Internet users should set passwords according to the level of service they receive and develop the habit of updating their passwords once every month to three months.
At the same time, when copying ID cards, one should note the usage on the ID copy (information section), such as who used it and for what purpose.
Also, the date and the effective period of the ID copy should be marked.
Text/By Reporter Wang Hong
Illustrations/By Li Ming