The right to privacy is a basic personality right supported by many legal systems. It refers to a kind of personality right that natural persons enjoy in peace of private life and the confidentiality of private information is protected by law and is not subject to illegal intrusion, knowledge, collection, utilization and disclosure by others. So can other people's criminal information be disclosed on the Internet? The following is a detailed introduction to the legal knowledge related to privacy rights. The criminal records of others cannot be made public on the Internet
The "Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Disputes concerning the Use of Internet Information to Infringe Personal Rights and Interests" stipulates the protection of personal information and the rights and interests of victims.
Criminal records cannot be disclosed online casually
In the Internet era, the protection of personal information, especially personal electronic information, faces many challenges. Personal information is collected almost everywhere, and the connotation of personal information is becoming increasingly rich and extensive.
Based on the above background, the "Regulations" clarify that network users or network service providers use the network to disclose natural persons' genetic information, medical history data, health examination data, criminal records, home addresses, private activities and other personal privacy and If other personal information causes damage to others and the infringed party requests that it bear infringement liability, the court should support it.
Except for the following circumstances: disclosure with the written consent of a natural person and within the agreed scope; disclosure within the necessary scope to promote public interests; schools, scientific research institutions, etc. based on Institutions that conduct academic research or statistics in the public interest, with the written consent of the natural person, and the disclosed information is not enough to identify the specific natural person; information disclosed by the natural person on the Internet
The infringer will be compensated up to 500,000 yuan
In response to the problems of low violation costs and high rights protection costs in judicial practice, the "Regulations" clarify:
The reasonable expenses paid by the infringer due to the infringement shall be borne by the infringer : The reasonable expenses incurred by the infringer to stop the infringement can be recognized as property losses stipulated in the Tort Liability Law. Such reasonable expenses include the reasonable expenses incurred by the infringer or the entrusted agent to investigate the infringement and collect evidence.
Based on the request of the parties and the specific circumstances of the case, the court may calculate attorney fees that comply with the regulations of the relevant state departments into the scope of compensation. If the infringement of personal rights results in property losses or the benefits obtained by the infringer cannot be determined, the court may determine the amount of compensation within a range of less than 500,000 yuan based on the specific circumstances of the case.
This provision will help curb the spread of online infringements and achieve a standardized and orderly online environment.
Related reading:
Laws and regulations related to privacy
"Constitution"
Article 38 of the "Constitution of the People's Republic of China"
The personal dignity of citizens of the People's Republic of China shall not be violated. It is prohibited to use any method to insult, slander or falsely accuse citizens.
Article 39 The residences of citizens of the People's Republic of China are inviolable. Illegal searches or illegal intrusions into citizens' homes are prohibited.
Article 40 The freedom of communication and the confidentiality of communication of citizens of the People's Republic of China are protected by law. Except for the public security organs and procuratorial organs that inspect communications in accordance with the procedures prescribed by law due to the needs of national security and the investigation of criminal crimes, no organization or individual may infringe on citizens' freedom of communication and communication confidentiality for any reason.
General Principles of the Civil Law
Article 100 Citizens enjoy the right of portrait, and citizens’ portraits may not be used for profit-making purposes without their consent.
Article 101 Citizens and legal persons enjoy the right to reputation, and the personal dignity of citizens is protected by law. It is prohibited to damage the reputation of citizens or legal persons by means of insult, slander, etc.
Opinions on Several Issues Concerning the Implementation of the "General Principles of the Civil Law"
140. Promote other people's privacy in written or oral form, or fabricate facts to blatantly vilify the personality of others, and use insults, slander, etc. If the method harms the reputation of others and causes a certain impact, it shall be deemed as an infringement of citizens' right to reputation.
Anyone who slanders or slanders the reputation of a legal person in writing or orally and causes damage to the legal person shall be deemed as an act that infringes on the right of reputation of the legal person.
141. Misappropriation or counterfeiting of another person’s name or title causing damage shall be deemed as an infringement of the right of name.
Article 245 of the "Criminal Law"
Whoever illegally searches the body or residence of others, or illegally invades the residence of others, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Judicial personnel who abuse their powers and commit the crime in the preceding paragraph shall be severely punished.
Article 246: Anyone who 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.
Crimes committed in the preceding paragraph will only be dealt with upon complaint, except for those that seriously endanger social order and national interests.
Article 252: Anyone who conceals, destroys or illegally opens other people’s letters and infringes upon citizens’ right to freedom of communication, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.
Article 253 Postal workers who open, conceal, or destroy mail or telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Anyone who commits the crime in the preceding paragraph and steals property shall be convicted and severely punished in accordance with the provisions of Article 264 of this Law.
Article 253: Staff members of state agencies or financial, telecommunications, transportation, education, medical and other units, in violation of national regulations, obtain personal information from citizens in the process of performing their duties or providing services. If the information is sold or illegally provided to others, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
Stealing or illegally obtaining the above information through other methods, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes in the preceding two paragraphs, it shall be fined, and its directly responsible supervisor and other directly responsible personnel shall be punished in accordance with the provisions of this paragraph.
Law on the Protection of Minors
Article 31 No organization or individual may disclose the personal privacy of minors.
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