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Is it illegal to use corporate accounts to collect a large number of mobile phone numbers in resumes and sell them?
Guo Yu, who just graduated from college, is eager to find a job. She submitted several resumes online with the intention of "production designer, advertising design". Later, she frequently received strange phone calls and text messages, offering various inexplicable positions.

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In reality, many young job seekers have fallen into the "trap" of information leakage like Guo Yu.

According to a survey conducted by China Youth Daily and Zhongqing.com, at present, the online resume sales market is very active and has formed a "one-stop" industry. Criminals enter the online job search platform in various forms as regular enterprises to obtain job seekers' resumes, and the goods sold by sellers range from software, accounts obtained from resumes to resumes.

The rights protection behind the disclosure of resumes is weak.

Guo Yu is waiting for the invitation of the company with great expectation. I didn't expect to receive harassing calls. "Basically, there can be three or four a day. They asked me if I wanted to do sales, and sales didn't tell me anything; People ask me if I want to do the task, 30 ~ 80 yuan, single knot, without saying anything, let me add QQ; He also asked me if I wanted to be a fitness instructor ... ".

Guo Yu suspected that his resume had been leaked, but in order not to miss his favorite company, he could only continue to endure these harassment, "seriously affecting my job hunting mood."

When it comes to safeguarding rights, she is hesitant: "It is difficult and troublesome for individuals to safeguard their rights. Safeguarding rights is a long process, which will delay me from finding a job. "

Guo Yu's experience is not a case. Not long ago, the reporter bought 100 resumes of a well-known job-hunting website from online vendors, and the job-hunting intention covers many industries such as production designers, lawyers, translators, sewing, Taobao customer service and so on.

The reporter randomly selected 10 resumes to verify the information. At least three job seekers have been harassed by information to varying degrees. In addition, only two people have submitted resumes on the above-mentioned websites, while others have submitted resumes on different job search websites.

Zhang Qiang (pseudonym), a job seeker from Guangzhou, confirmed the accuracy of resume information to reporters.

For more than a month, Zhang Qiang has received one or two phone calls almost every day, trying to introduce him to Sweden, Australia and other countries to do packaging and handling work. "I'm answering the phone now and telling them I'm not looking for a job." Despite this, he has no intention of defending rights. "I can't control it."

Wang Hao (pseudonym), a 3 1 year-old job seeker in Nanjing, is a lawyer and is preparing to jump ship. Although he did not receive harassing calls, the fact that his resume was sold still caused his concern: "This matter (information disclosure) is widespread, and it is difficult for individuals to pursue the responsibility of the platform." He doesn't want his current company to know that he is going to jump ship, and the disclosure of his resume may bring him trouble at any time.

A complete "resume collection" industrial chain

According to the reporter's investigation, there are two kinds of resumes: first-hand resumes have never been sold, and second-hand resumes have been sold 1 time or more. Seller Zhang Lei (not his real name) said that the "conversion rate" of first-hand resumes is usually higher, and it is easier for job seekers to get through the phone, and it is easier for QQ or WeChat friends to apply.

According to the reporter's investigation, the price of first-hand resumes of well-known job search websites is 1.8 ~ 2.5 yuan, and the price of second-hand resumes is between 0.8 ~ 1.5 yuan. The price of other job-seeking websites is 0.6 ~ 1 yuan.

According to Zhang Lei, these data provide information about the name, mobile phone number, age and gender of job seekers and send them directly to the buyers' mailboxes. When asked whether the information can be updated in real time, Zhang Lei repeatedly promised that "the resume will be updated by 5000+ every day, and the quality will be excellent".

Another online seller, Chen Hong (not his real name), gave the reporter an account of the job-hunting website for trial use. The reporter logged in and found that this is the sub-account of a VIP account of an enterprise on the job search website, and its parent account authentication shows that it is a life insurance company in Dalian.

A parent account can assign a Resume Download Point to a child account. According to the agreement, Chen Hong has charged 700 points into the sub-account, and can download all resumes at will in the "resume library". You need 8 points for Shanghai, 7 points for first-tier cities, 6 points for second-tier cities and 5 points for third-tier cities to download a resume from this account.

In addition to the resumption of trading, the sub-account and auxiliary software of the company's VIP account are sold online. At present, the main way to obtain resumes is to publish recruitment information through enterprise accounts, wait for job seekers to submit resumes, and then extract resumes for sale or direct use.

Zhao Feng (pseudonym), an insider, revealed that on some well-known job-hunting websites, only certified corporate accounts have the right to download resumes. Certified enterprises need to prepare business licenses and uncertified accounts on this website, which is called "white number" in jargon. Generally speaking, a business license can certify 3 ~ 5 white numbers.

According to the reporter's investigation, there is a special software for registering white numbers online, which can help buyers register white numbers in batches, and the price is more than RMB 100 per month. In addition, business licenses can also be purchased in bulk.

"I got it in bulk from my friends in industrial and commercial registration. You can't buy a first-hand license now, and a second-hand license is ok, but it requires technology. " Zhao Feng said that with a business license and a white number, batch authentication of enterprise VIPs can be realized by using intra-group authentication software. After successful enterprise certification, you can post to attract job seekers to submit resumes, and the content of the post can be edited at will. "Whether you can attract job seekers depends on the words."

Theoretically, the more job information you send, the more resumes you receive. Online also sells "posting machine" software at the price of 300 ~ 400 yuan/month. In addition, there is software that can refresh posts and make them rank high. Finally, according to the platform service, the resume information of job seekers is extracted in text form by using resume extractor.

It is urgent to strengthen the supervision of job-seeking platform.

Selling resumes online is an illegal act of stealing citizens' personal information. Professor Zhang Peng from the Department of Civil and Commercial Law of Wang Jian Law School of Soochow University pointed out that buying and selling resumes involves many infringements. The development of resume software and the behavior of resume buyers have constituted the same infringement. It is illegal for them to steal resume information, which is an invalid civil act, and the money in the transaction process should be collected by law enforcement departments.

"The platform should undertake certain data security and strict auditing obligations." Zhang Peng said that in the process of website design, website construction and maintenance, the platform has the obligation to ensure the information security of users. If the user information is leaked, but the platform does nothing, it will bear indirect responsibility. At the same time, the qualification examination of enterprises is a major problem facing the current network platform. If the officially registered enterprise account is used by insiders for illegal purposes, then the enterprise is involved in lax management.

Zhang Peng said that criminals illegally stole resume information and violated the privacy of job seekers. If a job seeker receives harassing text messages or phone calls and his personal life is disturbed, it constitutes a second violation of privacy.

According to Article 253 of the Criminal Law: "Whoever, in violation of relevant state regulations, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph. " (Source: China Youth Daily reporter Li Chao correspondent Gu Chengqi)

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Extended reading

A resume is worth 5 yuan! Zhaopin recruits employees to be "internal ghosts"

Lu and Wang, employees of Beijing Online Recruitment Consulting Co., Ltd. (hereinafter referred to as Zhaopin Recruitment), were accused of illegally selling resume information to a Taobao shop owner. Today, they were publicly tried in Chaoyang court. Also on trial were Huang, who cracked the account password of Zhaopin recruitment enterprise to steal resume information, Xie, a "second-hand trafficker", and Zheng, a Taobao shop owner who specializes in selling personal information for a living. The reporter noticed that in this chain of illegally buying and selling personal information, resume information has been regarded as a commodity and has experienced price increases at different levels.

Resume price increases will eventually flow into Taobao shop.

According to the prosecution's allegations, the recruitment resume information of Zhilian flowed out through Huang, who had nothing to do with Zhilian recruitment company, Lu and Wang, the internal employees of Zhilian recruitment company, and finally flowed to Zheng, the owner of Taobao.

Huang claimed to have been engaged in the Internet promotion industry before. He found that the member names of some enterprises were published online, so he tried to crack the password and finally got more than 200 accounts recruited by Zhilian. He sold his illegally obtained resume to second-hand dealer Xie Mou at the price of "2 yuan in the region, 3.5 yuan in the first-tier city and 4 yuan in the whole country", and Xie Mou sold it to Zheng Mou at the price of 50 cents to 1 yuan. On this basis, Zheng sold it in his Taobao shop at a price ranging from 1 yuan to 1.5 yuan.

Zhaopin recruitment company Mole packaged and sold resumes.

On 20 18, Zheng met Lu Hewang, who was recruited in Zhilian, through a friend's introduction, and began to buy resumes directly from them. "They have a cheap package, a resume 4.5 yuan, and an account with 2,800 resumes."

Lu confessed that Zheng claimed to be a headhunting company and needed a lot of resumes. So Lu obtained more than 60 enterprise names through the company, and also assisted Zheng to use PS to forge false business licenses. Zheng transferred the money to Lu's personal WeChat or Alipay account, and then Lu transferred it to the company's bank account.

However, according to the formal sales process of Zhaopin, enterprises need to sign a formal contract with Zhaopin, and then obtain information in the form of enterprise account after the examination and approval takes effect. Lumou argued that "the leader told me that customers can give money." He also said that he didn't profit from it.

Wang, a salesman recruited by Zhilian, said that he didn't know that Zheng's business license was fake at first, but later he learned.

The prosecution accused five people of infringing citizens' personal information.

The public prosecutor accused Huang of illegally entering the account of Zhaopin recruitment company from June 20 16 to June 20 18, stealing resume information and selling it to Xie, with illegal income of more than 200,000 yuan.

From 20 16, 10 to 20 18, Xie resold the resume information illegally obtained from Huang to Zheng, and the illegal income was more than 600,000 yuan.

In addition, from March to June, 2008,2065438+Zhaopin recruited employees of Shanghai Branch, Lu Mou and Wang Mou, and illegally sold the company's corporate customer accounts to Zheng Mou, involving more than 120000 resumes and more than 40000 resumes respectively. 2065438+From June to July 2008, Wang illegally sold resume information to Zheng, and the illegal income was more than 30,000 yuan.

The public prosecutor believes that Lu and Wang sold personal information of citizens to others; If Huang, Xie and Zheng steal or illegally obtain citizens' personal information by other means and sell it to others, they shall be investigated for criminal responsibility for the crime of infringing citizens' personal information. The case was not pronounced in court.