Therefore, in this case, the victim should take the following measures in time to safeguard his legitimate rights and interests:
1. Call the police immediately. If you find yourself being photographed or someone else being photographed, you should immediately report to the public security organ, provide relevant evidence and clues, assist the public security organ to find out the facts, and investigate the legal responsibility of the photographer. 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 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. If the photographer spreads or sells the content of the sneak shot, he may also be suspected of spreading obscene articles, insulting, slandering and other criminal offences.
2. Keep the evidence. Before or after the alarm, the victim should try his best to keep the evidence of the sneak shot, including the sneak shot equipment, the content, the time and place of the sneak shot, and the identity characteristics of the sneak shot, so as to facilitate the investigation and evidence collection by the public security organs. If possible, the victim can also ask the public security organ to conduct technical appraisal of the candid camera equipment to determine whether there are other victims or whether others are involved.
3. claim compensation. If the victim suffers economic loss or mental damage due to being photographed secretly, he can file a civil lawsuit against the photographer according to the provisions of Articles 1032 and 1033 of the Tort Liability Law of China, and ask him to bear civil responsibilities such as stopping the infringement, removing the obstruction, compensating for the loss, making an apology, eliminating the influence and restoring his reputation. When bringing a lawsuit, the victim shall provide relevant evidence to prove the fact of being photographed and the losses and injuries caused by it.
4. Seek help from professional organizations. If the victim suffers from psychological disorder or emotional distress due to being photographed secretly, he can seek the help of a professional psychological counseling institution or psychologist for psychological counseling and treatment, and resume his normal life and work. At the same time, victims can also seek help and support from relevant women and children protection agencies or legal aid agencies to safeguard their legitimate rights and interests.