Large customers can check user flow? CITIC Bank apologized to Chizi, is that all right?
China News Service Client, Beijing, May 7 (Peng Jingru) Recently, the contract dispute between talk show artist Wang Yuechi (stage name "Chizi") and the signing company Xiaoguo Culture involved CITIC Bank and became a hot topic. what happened?
Chizi accuses CITIC Bank of violating personal privacy
On the 6th, Chizi posted on Weibo that CITIC Bank Shanghai Hongkou Sub-branch had not authorized him to provide his personal account running water to Shanghai Xiaoguo Cultural Media Co., Ltd., which was a violation of the personal information of citizens and required a letter from a lawyer. China CITIC Bank and Xiaoguo Culture compensated for the losses and publicly apologized.
Screenshot from Chizi Weibo.
"You do n’t have my ID card, you do n’t have my bank card, you do n’t have an investigation order from the judiciary. Xiaoguo Culture can even get me the credit card from CITIC Bank for nearly two years and print it out. Why do n’t you Just take out all the balance and take it away? After that, we called CITIC Bank, and CITIC Bank said that this is to meet the requirements of major customers. "Chi Zi said in Weibo.
China CITIC Bank apologized to Chizi, the branch president was removed
In this regard, CITIC Bank replied in the early morning on the 7th that, after verification by our bank, Shanghai Xiaoguo Culture Media Co., Ltd. recently contacted the account opening sub-branch and asked to inquire about the record of his labor payment for employee Wang Yuechi. Provided Mr. Wang's collection records.
"In this regard, we solemnly apologize to Mr. Wang! Our bank has punished the relevant employees in accordance with the rules of the system and removed the president of the branch." CITIC Bank said.
Screenshot of Weibo video of talk show artist Wang Yuechi (art name "Chizi").
What thunders did CITIC Bank operate?
But netizens seem not to buy the apology for China CITIC Bank.
"It's over with an apology? Don't play word games. What is 'not strictly according to the regulations'? It's illegal. What is 'provided collection records'? It's illegal to disclose personal information!" "The company checks its paid labor services Wages, do not check your account statement for public accounts but check the details of personal accounts? Only apologies without compensation? "
So, in what circumstances can a bank hand over personal turnover to a third party? What are the non-compliance practices of China CITIC Bank?
"According to relevant regulations, in addition to national administrative agencies, such as the Public Prosecution Law, you can inquire about cases. In other cases, you must not disclose it to a third party without permission, otherwise you need to get your consent." Professor Guo Tianyong, School of Finance, Central University of Finance and Economics said.
"CITIC Bank has violated its obligation to keep depositors confidential." Lawyer Zhang Xiaoju, a partner of Zhongwen Law Firm, believes that commercial banks should be liable for personal savings deposits in accordance with Article 29 of the Commercial Bank Law of the People's Republic of China. For the depositor ’s obligation to keep secrets, commercial banks have the right to refuse any unit or individual to inquire, freeze, or deduct personal savings, unless otherwise provided by law.
Zhang Xiaoju said that Article 32 of the “Regulations on Savings Management” also stipulates that savings institutions and their staff shall be responsible for keeping the savings of depositors confidential. Savings institutions do not inquire, freeze or transfer savings deposits on behalf of any unit or individual, unless otherwise provided by national laws and administrative regulations. In case of violation, a fine will be imposed according to the severity of the circumstances, suspension of business operations for rectification, and revocation of the “Permit to Operate Financial Business”; if the circumstances are serious and constitute a crime, criminal responsibility shall be investigated according to law.
Regarding the method of obtaining personal bank running water, the reporter called a state-owned bank for consultation on the 7th. The staff replied that the details of personal bank savings card need to bring ID card and bank card to the bank counter for inquiries, generally inquiries within the past 5 years. Unless the judicial institution inquires, you need to get the relevant documents and you can go to the bank to inquire. Other ordinary individual customers and public customers can not check personal turnover.
According to the above staff, "Even the company where the individual is located can't, and the major bank customers don't have this permission, and it is generally limited to my enquiry."
Data map.
CITIC Bank replied that it did not talk about compensation, no compensation?
Chi Zi ’s lawyer letter mentioned that Xiaoguo Culture and Hongkou Branch of China CITIC Bank should immediately stop their illegal acts, and fully compensate the economic losses incurred by our clients by their illegal acts, and at the same time make them available in the public media. Apologize.
CITIC Bank apologized, but the announcement did not mention the relevant content of compensation.
"By violating the relevant state regulations, the citizens’ personal information obtained during the performance of their duties or the provision of services will be sold or provided to others. If the circumstances are serious, they will be suspected of constituting an “infringement” in accordance with the provisions of Article 253 of the Criminal Law "Civil Personal Information Crime." If you commit this crime, you will face a minimum of three years of imprisonment or detention, and be punished with a single fine. If the unit commits this crime, the unit will be fined and directly responsible for the person in charge and other direct responsibilities. Personnel shall be punished in accordance with the provisions of this paragraph. "Zhang Xiaoju said.
"Ordinary people can resolve the complaint with the banking regulatory commission and other industry supervision and management departments, or they can be required to bear civil liability for damages, apologies, etc. on the grounds of infringement of personal privacy and breach of confidentiality principles." Zhang Xiaoju said.
What can ordinary people do in the face of bank privacy leaks?
"This is the lack of credibility and should be taken seriously." "The pool is exposed by public figures, what if ordinary people do?" Many people began to worry about their personal privacy.
In fact, the issue of personal information security has been repeatedly mentioned in the financial field.
In April 2020, the news that a million pieces of financial customer data was being trafficked on the dark web attracted attention. It is reported that "2.62 million bank card data in China are sold on the Internet, involving bank card data of Agricultural Bank of China, Industrial Bank, Bank of Shanghai, Shanghai Pudong Development Bank, and insurance data of Ping An Group."
Data map. China News Agency reporter Tuobo
Subsequently, China Ping An, Agricultural Bank of China, Shanghai Pudong Development Bank, Industrial Bank, etc. involved in the incident all denied in an interview, saying that the data was forged by criminals.
Earlier in January 2020, a number of bank APPs were notified by the National Computer Virus Emergency Response Center for suspected privacy violations. The banks involved were Minsheng Bank, Industrial Bank, Inner Mongolia Rural Credit, Inner Mongolia Bank, Strait Bank, Ordos Bank .
How do ordinary people defend their rights? Zhang Xiaoju said that it can be dealt with in three ways: complaining to industry authorities, filing a lawsuit, and calling the police.
Zhang Xiaoju said that when commercial banks infringe on citizens ’personal information, they can be ordered to correct by the banking supervision and administration agency. If there is illegal income, the illegal income is confiscated. If the illegal income is more than 50,000 yuan, a fine of more than five times the illegal income shall be imposed. ; If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of 50,000 yuan to 500,000 yuan shall be imposed. (Finish)