Determination of the crime of revealing personal privacy
Appraisal condition: 1, subjective fault. Infringement of privacy is a general tort, which requires the subjective fault of the actor to constitute tort liability. Intention has nothing to do with negligence, but the form of fault affects the liability of the infringer. 2. The existence of illegal acts. Acts that violate others' privacy are negatively evaluated by the law because they directly violate the law or violate social morality, making them illegal; 3. Damage results. Damage is the result of tort. As a factual state, there are three main forms of expression: property loss, personal interest damage and mental pain; 4. There is a causal link. The subject of rights suffers from the damage of personality interests because of this illegal act.
Leaking personal privacy may constitute a crime of infringing citizens' personal information, and the conviction criteria are:
(1) Selling or providing information on whereabouts and tracks, and being used by others to commit crimes;
(two) knowing or should know that others use citizens' personal information to commit crimes and sell or provide them;
(3) illegally obtaining, selling or providing more than 50 pieces of track information, communication content, credit information and property information;
(four) the illegal income of more than five thousand yuan.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Forty-second "People's Republic of China (PRC) Public Security Management Punishment Law"
One of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.