How to obtain evidence when being photographed?

1. If you are being photographed, you can clearly show your attitude and ask the photographer to stop taking pictures and delete the previous photos or videos. If the photographer refuses, he can directly choose to call the police.

Second, if you find yourself being photographed later, you can protect your legitimate rights and interests through judicial relief and legal proceedings.

The penalty for sneak shots is:

I. Administrative punishment

For acts that generally disturb social order and fail to meet the standards of criminal filing, the public security organs mainly punish them according to the Law of People's Republic of China (PRC) on Public Security Administration Punishment. Article 42 of China's "Public Security Administration Punishment Law" stipulates that anyone who peeks, shoots secretly, eavesdrops or spreads others' privacy shall be detained for less than five days or fined less than 500 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. Therefore, it is the most appropriate choice to call the police at the first time when others harass you, and it can also prevent further infringement.

Second, civil claims.

The right to privacy is a kind of personality right for natural persons to enjoy the peace of private life, protect private information according to law and not be illegally harassed, informed, collected, used and made public by others. Articles 1032 and 1033 of China's Civil Code clearly stipulate the protection of privacy. Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may photograph or peep at the private parts of others' bodies. If the right to privacy is infringed, the infringer may be required to bear civil liabilities such as stopping the infringement, removing obstacles, compensating for losses, apologizing, eliminating the influence and restoring reputation.

Third, criminal punishment.

If the behavior of the actor has seriously violated the legitimate rights and interests of the parties and violated the criminal law, then it is necessary to bear the corresponding criminal responsibility. For example, the dissemination of private videos of others that are secretly photographed may violate the provisions of Article 364 of the Criminal Law and be suspected of spreading obscene articles. Anyone who publishes other people's video materials to insult and slander shall bear criminal responsibility according to the provisions of Article 246 of the Criminal Law of China.