First, how to punish violations of citizens' privacy?
The law protects citizens' right to privacy, so others may not spread it. Spreading others' privacy and damaging others' reputation is an illegal and infringing act and should be punished by public security administration according to law. The victim can bring a privacy infringement lawsuit to the court, asking the infringer to eliminate the influence, apologize, or even compensate for the loss.
According to Article 42 of China's Law on Public Security Administration Punishment, anyone who peeks, takes candid photos, eavesdrops or spreads others' privacy shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan.
Second, how to identify invasion of privacy?
The constitution of the liability for infringement of privacy or infringement of privacy interests must have the general elements of tort liability, that is, it must have four elements: illegal behavior, damaging facts, causality and subjective fault. The applicable imputation principle is the fault liability principle, but the no-fault liability principle and the fair liability principle are not applicable.
1 invasion of privacy. First of all, invasion of privacy must be illegal.
2. The fact that the right to privacy is violated. Privacy is a kind of information, an activity, a space field and a secret state. The damage to privacy is manifested in privacy being snooped, monitored, violated, published and interfered.
3. Causality of invasion of privacy. It means that there is an inherent, inevitable and regular connection between the illegal act of infringing privacy and the fact of damaging privacy.
4. Subjective fault of infringing privacy. The perpetrator who violates the right to privacy must be subjectively at fault. Mainly intentional, that is, foreseeing the consequences of invasion of privacy but hoping or letting this happen.
Article 1 10 of the Civil Code
Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.
Personal privacy is an important right of citizens and should be protected. From a legal point of view, individuals are not allowed to use professional equipment to track, monitor and take photos of others without authorization, and are not allowed to spread it online. Therefore, spreading personal privacy is an act of infringing on others' privacy.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 42 of People's Republic of China (PRC) Public Security Administration 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.
Article 284 of the Criminal Law
Whoever illegally uses special equipment for eavesdropping or stealing photos, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.