1 、basic case
The defendant, a Chuangqiyi company, is the user of SMS port 10685583. At 5:27 in the evening on October 13, 2022, the defendant, a cultural communication company in Jiangxi, used a start-up company 106855839159999 to send a short message to the mobile phone number used by the plaintiff Cao, with the content "[Zhaolian Finance] Hello!" According to the comprehensive evaluation, we have granted you a credit of 168900 yuan! You can enjoy interest-free for three months, click jowincarnetwork.com to get it, and return the reservation to T ". After receiving the short message, the plaintiff Cao complained to the China Banking and Insurance Regulatory Commission about the defendant Zhaolian Company. Cao thought that a certain company, a cultural communication company in Jiangxi and a Zhaolian company jointly infringed upon his right to peace of life and the right to protect personal information, so he sued the court and asked the three defendants to compensate for the losses and make a written apology.
2 、Referee result
The people's Court of Jinxi District, Jiujiang City, Jiangxi Province, held that the core feature of personal information is "identifiability". The mobile phone number involved in the case is the mobile phone number registered by the plaintiff's real name, which is specifically related to the plaintiff himself. The plaintiff himself has been identified or can be identified from the mobile phone number, so the mobile phone number involved in the case belongs to the personal information of the plaintiff. The defendant, a cultural communication company in Jiangxi, as the operator of the SMS platform, has a business cooperation relationship with the defendant Zhaolian company. The text message involved in the case was sent by the defendant Jiangxi cultural communication company to the defendant Chuangqiyi company from the code port in his possession. Considering the relevant factors, in the case of no evidence to prove the SMS content provider, the court determined that the SMS platform port provider and the platform operator are all personal information processors. Both parties shall be jointly and severally liable for dealing with their personal information without notification and obtaining the consent of the plaintiff and infringing upon the rights and interests of the plaintiff's personal information. And the internal agreement on rights and obligations between the two does not affect the commitment of external tort liability. Therefore, it was decided that the defendant, a cultural communication company in Jiangxi and a creative wing company in the defendant, made a public apology to the plaintiff Cao in writing, and compensated the plaintiff Cao for a reasonable expenditure of 500 yuan.
3 、typical significance
This case is a typical case of regulating commercial short messages to infringe upon personal information rights and interests in accordance with the law. Article 1134 of the Civil Code stipulates that the personal information of natural persons shall be protected by law. An individual's real-name mobile phone number belongs to personal information. according to Article 1035 of the Civil Code and Article 14 of the Law on the Protection of personal Information, the collection, storage, application, processing, transmission, provision, disclosure and deletion of personal information shall obtain personal consent, and such consent shall be made voluntarily and clearly by the individual on the premise of full knowledge. In daily life, the infringement of personal information occurs from time to time, and this case finds that sending commercial text messages to the recipient without the consent of the recipient is an infringement of the right to personal information. At the same time, the short message service platform is often subcontracted many times, and there is no evidence to prove the provider of the short message content. The court holds that the provider of the short message platform port and the platform operator constitute an infringement of personal information, and the infringed person can claim the rights to any party, requiring the infringer to stop the infringement, remove the obstruction, eliminate the impact, restore his reputation, make an apology, compensate for losses, etc., if the infringement causes serious mental damage. The infringed person also has the right to claim compensation for mental damage. The judgment of the case protects citizens' right to personal information and the right to peace of life, and provides a useful reference for standardizing business promotion and safeguarding the rights and interests of personal information in accordance with the law.
