First, what is the crime of eavesdropping on others' privacy?
Infringement of privacy requires corresponding civil liability, including liability for compensation.
If it leads to serious consequences, it may constitute a criminal offence-the crime of illegally obtaining citizens' personal information.
1. The criminal law has the following provisions on infringement of privacy. 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. 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.
2. 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, and those who commit the crime mentioned in the preceding paragraph and steal property shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.
3. The Law on Public Security Administration Punishment also stipulates: voyeurism, sneak shots, eavesdropping and spreading others' privacy. 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 not less than five days but not more than ten days, and may also be fined not more than 500 yuan.
At present, some people like to "pry open" other people's cyberspace and e-mail, and get private pictures and videos to spread on the Internet. There are many pornographic pictures, but this behavior is likely to involve more serious criminal offences, namely, the crime of spreading obscene articles and the crime of making, copying, publishing, selling and spreading obscene articles for profit.
legal ground
Article 1032 of the Civil Code stipulates that natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public.
Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.
Second, how to protect rights when invading privacy
Alarm processing. Privacy refers to a kind of personality right that natural persons enjoy the peace of private life and the privacy of private information is protected according to law, and is not illegally violated, known, collected, used and made public by others. Moreover, the subject of rights has the right to decide to what extent others can interfere in their private lives, whether their privacy is open to others, and the scope and extent of disclosure. Privacy is a basic right of personality.
1, request to stop the infringement, restore reputation, eliminate the influence, apologize, and demand compensation for losses. 2. sue. 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.
legal ground
Article 179 of the Civil Code
Article 246 of the Criminal Law
Third, how to protect your privacy on the Internet?
1. Don't submit personal information on the website. This is very important. Your privacy is usually leaked by yourself unintentionally, so don't submit your information on the website easily. Except for bank websites and famous e-commerce websites, other websites should not submit their own real information. For example, a few years ago, you may have entered your personal information on the rogue website 5460 alumni record. Today, you will find that your personal information has been copied to at least four or five websites for people to search and query. Therefore, it is inappropriate to submit your real information on websites or community systems.
2. publish an article and think twice before you act. Posting and blogging on the Internet. Don't write some personal information just because your blog has few visitors and no one will pay attention. Once an article is published, it cannot be taken back. It will be archived, reprinted and even spread to many websites you never know, and the tentacles of search engines will find any corner of the Internet. Therefore, you must think twice before you write an article. If you don't want some people to see your article, don't.
3. Use a secure password. If you have to save your own information (such as e-mail, personal diary, etc.). ) on the network, then you must use a secure password to protect it. The so-called security password is usually a password with a length of more than 6 digits and consisting of letters and numbers that are not easy to guess.
4. The security of personal computers. The computer you use should have enough security settings, put on the latest operating system patch, enable the firewall, install anti-virus software, and don't visit any phishing websites. To ensure that personal computers are not hacked. If the intrusion is abnormal, the network cable should be disconnected at the first time, and then it should be detected and repaired.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1032 Natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public.
Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.
Article 1033 Without the express consent of the obligee, no organization or individual may commit any of the following acts:
(a) by SMS, telephone, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;
(2) Entering, peeping or photographing other people's houses, hotel rooms and other private spaces;
(3) Shooting, recording, making public, peeping or eavesdropping on other people's private activities;
(4) Shooting or peeping at the private parts of others' bodies;
(5) Collecting and processing other people's private information;
(6) Infringe upon the privacy of others in other ways.