1. In the process of being photographed, you can clearly show your attitude and ask the photographed party to stop the photographing and delete the previous photos or videos. If the photographed party refuses, you can directly choose to call the police.
Secondly, if you find that your behavior has reached the later stage, you can safeguard your legitimate rights and interests through legal procedures.
The penalties for those who take candid photos are as follows:
1. Administrative penalties
For those who generally disturb social order and fail to meet the standards for filing a criminal case, the public security organs will mainly punish them according to the Law of the People's Republic of China on Public Security Administration Punishment. Article 42 of China's Law on Public Security Administration Punishment stipulates that those who monitor, sneak shot, eavesdrop or spread others' privacy shall be detained for not more than five days or fined not more than 5 yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may also be fined up to five hundred yuan.
Therefore, when you are harassed by others' candid photos for the first time, it is the most appropriate choice to call the police at the first time, and at the same time, you can avoid further infringement.
Second, the right to privacy in civil claims
is a kind of personality right that a natural person enjoys the peace of private life and private information is protected by law, free from illegal intrusion by others, knowing, collecting, using and publishing. Articles 132 and 133 of China's Civil Law clearly stipulate the protection of privacy. Unless otherwise stipulated by law or expressly agreed by the obligee, no organization or individual may photograph or peek at the private parts of others' bodies. Where the right to privacy is infringed, the infringer may be required to bear civil liabilities such as stopping the infringement, removing obstacles, compensating losses, apologizing, eliminating the influence and restoring reputation.
iii. criminal punishment
if the actor's behavior has seriously violated the legitimate rights and interests of the parties and violated the criminal law, he needs to bear the corresponding criminal responsibility. For example, spreading other people's private videos may violate Article 364 of the Criminal Law and be suspected of spreading obscene articles. If you publish other people's pictures and commit insult and slander, according to the provisions of Article 246 of China's Criminal Law, you are suspected of insult and slander, and you should be investigated for criminal responsibility according to law.
Lawyer Huang Dianxin's legal point of view:
Article 132 of the People's Republic of China stipulates that natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by snooping, invading, disclosing or making public.
Privacy refers to the peace of natural person's private life and the private space, private activities and private information that others don't want to know.
Article 13 Except as otherwise provided by law or with the express consent of the obligee, no organization or individual may commit the following acts:
(1) Invading the peace of others' private life by means of telephone, short message, instant messaging tools, e-mail, leaflets, etc.
(2) entering private spaces such as residences and hotel rooms to shoot or spy.
(3) filming, peeping, eavesdropping or making public other people's private activities;
(4) shooting and peeping at the private parts of other people's bodies;
(5) handling other people's private information;
(6) Infringe upon the privacy of others in other ways.
article 364 of the criminal code, dissemination of obscene books.