China Life Property & Casualty Insurance 3 Case

1. Case introduction

In November 2023, consumer Mr. Zhang reported that he received a call from Feng, who claimed to be a service specialist at an insurance company. Feng claimed that if you apply for insurance now, you can receive a national general fuel card worth 1,000 yuan. You only need to click on the exclusive link to receive it. Under Feng’s guidance, Mr. Zhang clicked on the link and entered relevant personal information. After that, Mr. Zhang began to receive various information about applying for loans by himself. When he contacted Feng again, he was unable to get in touch, so he immediately complained to the insurance company.

After investigation by the insurance company, it was found that Feng was not an employee of the insurance company. The insurance company informed Mr. Zhang that the insurance company would not require customers to click on links from unknown sources in the name of giving gifts or services. Only then did Mr. Zhang realize that he had been deceived and that his personal information had been used by criminals to make loans in his own name. After being guided by the insurance company, Mr. Zhang reported the matter to the public security organs.

2. Case analysis

This is a typical case where the legitimate rights and interests of financial consumers have been infringed due to the leakage of personal information.

Article 111 of the Civil Code of the People’s Republic of China stipulates that “the personal information of natural persons is protected by law. Any organization or individual that needs to obtain the personal information of others must obtain it in accordance with the law and ensure the security of the information, and shall not illegally collect, use or process it” , transmit other people’s personal information, and shall not illegally buy, sell, provide or disclose other people’s personal information.”

Article 10 of the “Personal Information Protection Law of the People’s Republic of China” stipulates: “No organization or individual may illegally collect, use, process, or transmit other people’s personal information; they may not illegally buy, sell, provide, or disclose other people’s personal information; they may not engage in activities that endanger national security or public interests. “Personal information processing activities”; Article 28 stipulates that “Sensitive personal information is personal information that, once leaked or illegally used, may easily cause the personal dignity of a natural person to be infringed or the personal and property safety to be endangered, including biometrics, religious beliefs, Specific identity, medical health, financial accounts, whereabouts and other information, as well as personal information of minors under the age of fourteen. Personal information will be processed only when there is a specific purpose and sufficient necessity, and strict protection measures are taken. Only those who need to process sensitive personal information”. If there is an illegal act stipulated in the Personal Information Protection Law, the credit file will be recorded and made public in accordance with the provisions of relevant laws and administrative regulations; if it constitutes a violation of public security management, public security management penalties will be imposed in accordance with the law; if it constitutes a crime, criminal liability will be pursued in accordance with the law.

3. Case Enlightenment

In today’s big data era, criminals can obtain consumers’ personal information through a string of mobile phone numbers. Based on the obtained information, they judge the consumer’s financial strength and carry out different degrees of fraud. Here is a reminder:

(1) Overcome the “greed for profit” mentality and enhance awareness of fraud prevention. Do not randomly add strangers to WeChat, do not randomly participate in street surveys, questionnaires, lottery draws or free gifts, informal card applications and other activities, do not fill in personal information at will, and do not randomly click on unknown links. Be vigilant and do not take advantage of small things. Remember The truth that “there will be no pie in the sky”;

(2) Do not answer calls from strangers indiscriminately, be wary of criminals pretending to be employees of insurance companies, and do not blindly trust them. If you encounter such a situation, please contact the insurance company immediately to verify the authenticity, and conduct more investigations to confirm;

(3) In daily life and work, we must increase our risk prevention awareness. Once we discover that personal information has been leaked or defrauded, we must promptly report to the police, defend our legitimate rights and interests through legal means, and protect our personal information security rights.