Guiding Case No.194 Case of Infringement of Citizens' Personal Information by Xiong Changheng et al. (Adopted through discussion by the Adjudication Committee of the Supreme People's Court and issued on December 26, 2022) Keywords: Criminal/Infringement of Citizens' Personal Information/Wechat Account/Social Media Account/Illegal Acquisition/Reasonable Processing Key Points of the Judgment 1. Whoever, in violation of the relevant provisions of the State, purchases a registered but unused social media account such as Wechat account, illegally produces the social media account such as Wechat account with citizens' personal information that can be used for social activities, and sells and provides others with such account through marketing software with functions such as intelligent mass texting, adding friends and establishing discussion groups, with serious circumstances, commits the act of "in violation of the relevant provisions of the State, selling or providing others with the personal information of a citizen" as stipulated in Paragraph 1 of Article 253-1 of the Criminal Law and constitutes the crime of infringing citizens' personal information. 2. Whoever, without the consent of a citizen, or without the legal authorization or other reasons stipulated in the Personal Information Protection Law, obtains and illegally uses a citizen's personal information that has been made public within a certain scope through purchasing, accepting, exchanging and other means, and changes the scope, purpose and use of the personal information made public by the citizen, does not conduct reasonable processing prescribed by the law, but commits the act of "illegally obtaining citizens' personal information otherwise" as stipulated in Paragraph 3 of Article 253-1 of the Criminal Law, and if the circumstances are serious, constitutes the crime of infringing citizens' personal information. 1