Right to privacy The meaning of right to privacy
The right to privacy refers to a kind of personality right that the private life and private information secrets enjoyed by natural persons are protected according to law and are not illegally violated, known, collected, used and made public by others. Moreover, the right subject has the right to decide to what extent others can interfere in their private lives, whether to disclose their privacy to others, and the scope and extent of disclosure.
Professor Wang Liming believes that the right to privacy is a kind of personality right enjoyed by natural persons, which can control their personal information, private activities and private fields that have nothing to do with public interests. This view has been recognized by many scholars and cited by many papers and works.
In the current laws of China, there is no explicit provision to mention the word privacy.
According to China's national conditions and relevant foreign materials, the following acts can be classified as infringement of privacy:
1. Make public the name, portrait, address and telephone number of citizens without their consent.
2, illegal intrusion, search other people's homes, or otherwise disrupt the peace of others.
3. Illegally stalking others, monitoring others' residences, installing eavesdropping equipment, secretly photographing others' private lives, and spying on others' indoor conditions.
4. Illegally spying on others' property status or publishing their property status without others' permission.
5. Privately open other people's letters, peek at other people's diaries, spy on other people's private documents and make them public.
6. Investigate and spy on other people's social relations to make them illegal.
7, interfere with other couples' sexual life or investigation.
8. Publicize other people's extramarital sex life to the public.
9, the disclosure of personal materials of citizens or open or expand the scope of disclosure.
10, collecting pure personal information that citizens are unwilling to disclose to the society.
After searching the relevant legal materials, the contents of the right to privacy in Chinese laws mainly include the following provisions:
I. Constitution of People's Republic of China (PRC)
Article 38 The personal dignity of People's Republic of China (PRC) citizens shall be inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way.
Article 39 The residences of People's Republic of China (PRC) citizens shall be inviolable. It is forbidden to illegally search or illegally invade citizens' houses.
Fortieth People's Republic of China (PRC) citizens' freedom and privacy of communication are protected by law. When public security organs and procuratorial organs check communication according to the procedures prescribed by law, no organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the needs of national security or criminal investigation.
Two. General Principles of Civil Law of People's Republic of China (PRC)
Article 100 Citizens shall enjoy the right to portrait, and shall not use their portraits for profit without their consent.
Article 101 Citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.
Three. The Supreme People's Court's Opinions on Implementing the General Principles of Civil Law (for Trial Implementation)
140. Anyone who discloses others' privacy in written or oral form, or fabricates facts to publicly vilify others' personality, and damages others' reputation by insulting or slandering others, thus causing certain influence, shall be deemed as an act of infringing citizens' right to reputation.
Whoever slanders or slanders the reputation of a legal person in written or oral form, thus causing damage to the legal person, shall be deemed as an act of infringing the reputation right of a legal person.
14 1. Anyone who steals or imitates another person's name and causes damage shall be regarded as infringing on the right to name.
Four, the Supreme People's Court's answers to some questions about the trial of the right of reputation cases.
7. Q: How to determine the responsibility for infringing the right of reputation?
A: Whether it constitutes the responsibility of infringing the right of reputation should be determined according to the fact that the victim's reputation is damaged, the actor's behavior is illegal, there is a causal relationship between the illegal behavior and the damage consequences, and the actor is subjectively at fault.
Whoever insults or slanders others in writing or orally and damages their reputation shall be regarded as infringing on their reputation.
Without the consent of others, publishing other people's privacy materials in written or oral form or making others' privacy public, thus causing damage to others' reputation, shall be punished as infringement of others' reputation right.
If the reputation of others is damaged due to serious untrue news reports, it shall be treated as infringement of the reputation right of others.
8. Q: How to determine whether the dispute over the right of reputation caused by writing and publishing critical articles constitutes infringement?
A: The people's courts should handle disputes over reputation rights caused by writing and publishing critical articles according to different situations:
The problems reflected in the article are basically true, and there is no content that insults others' personality, which should not be considered as infringement of others' reputation rights.
Although the problems reflected in the article are basically true, there are contents that insult others' personality and infringe others' reputation rights, which should be considered as infringement of others' reputation rights.
If the basic content of the article is untrue and damages the reputation of others, it shall be deemed as infringement of the reputation right of others.
Verb (abbreviation of verb) People's Republic of China (PRC) criminal law
Article 245 Whoever illegally searches another person's body or residence, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
Article 246 Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.
Article 252 Whoever conceals, destroys or illegally opens other people's letters and infringes upon citizens' right to freedom of correspondence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.
Article 253 Postal personnel who open, conceal or destroy mail and telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Whoever commits the crime of stealing property mentioned in the preceding paragraph shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.
Article 253-1 Staff of state organs and financial, telecommunications, transportation, education, medical and other units. Whoever, in violation of state regulations, sells or illegally provides personal information of citizens obtained by the unit in the course of performing its duties or providing services 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.
Whoever steals or illegally obtains the above information by other means, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of each paragraph.
The intransitive verb People's Republic of China (PRC) Protection of Minors
Article 39 No organization or individual may disclose the personal privacy of minors.
No organization or individual may conceal or destroy minors' letters, diaries and emails; No organization or individual may open or consult the letters, diaries and e-mails of minors without legal capacity, except that the public security organs or people's procuratorates conduct inspections according to law in order to trace crimes.
Conclusion:
Privacy should belong to the category of civil law. Strictly speaking, there is no real civil code in China at present. We can call it the general principles of civil law. However, because the General Principles of Civil Law in China is a basic civil law, which regulates the basic norms of civil activities, it can also be said that the General Principles of Civil Law is a formal civil law.
1 Definition of privacy
individual?privacy
Refers to the secrets in personal physical, psychological and social communication. (Personal unique physiological characteristics, psychological activities, diaries, telephone calls, letters and personal activities at home, etc. )
2 Privacy
Privacy, as a basic personality right, refers to a kind of personality right for citizens to "enjoy the peace of private life and the protection of private information according to law, and not be illegally harassed, informed, collected, used and made public by others".
3 Network privacy
The right of personal privacy in cyberspace mainly refers to "a kind of personality right that citizens enjoy the peace of private life on the Internet, and their private information is protected according to law, and will not be illegally violated, known, collected, copied, made public and used by others;" It also means that it is forbidden to disclose some sensitive personal information on the Internet, including facts, images and damaged opinions.
China's privacy regulations
China's laws do not stipulate the right to privacy. According to judicial interpretation, in the legal practice of our country, we usually protect personal privacy in the form of protecting reputation.