I. What are the penalties for violating citizens’ privacy rights?
The law protects citizens’ personal privacy, and others are not allowed to disseminate it. The act of disseminating other people's privacy and damaging the reputation of others is an illegal infringement and should be punished by public security management. The victim can file a privacy infringement lawsuit in court and require the infringer to eliminate the impact, apologize, or even compensate for losses.
According to the provisions of Article 42 of my country's "Public Security Administration Punishment Law", anyone who peeps, secretly photographs, eavesdrops or spreads rumors on the privacy of others shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, the offender shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.
2. How to determine privacy infringement?
To constitute liability for infringement of privacy rights or infringement of privacy interests, the general elements of tort liability must be met, that is, the four elements of illegal conduct, fact of damage, causation and subjective fault must be present. The applicable liability principle is the fault liability principle, rather than the no-fault liability principle and the fairness liability principle.
1. Infringement of privacy. First, the invasion of privacy must be illegal.
2. Infringement of privacy rights. Privacy is a kind of information, an activity, a spatial domain, a state of secrecy. Damage to privacy manifests itself as privacy being spied on, monitored, infringed upon, made public, and interfered with.
3. Reasons for privacy infringement. It refers to the inherent connection between the violation of privacy rights and the fact that privacy rights are damaged and must comply with legal provisions.
4. Subjective fault that infringes on the right to privacy. The perpetrator who violates the right to privacy must be subjectively at fault. The main manifestation is intentionality, that is, foreseeing the consequences of infringing privacy rights and hoping or allowing the consequences to occur.
Article 110 of the Civil Code
Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy, and marital autonomy rights. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.
Personal privacy is an important right of citizens and should be protected. From a legal perspective, unless strictly approved by statutory agencies and departments, individuals are not allowed to use professional equipment to track, monitor, or film others, let alone disseminate it online. Therefore, disseminating personal information is an invasion of privacy.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: Article 42 of the "Law of the People's Republic of China on Public Security Administration Punishments"
Whoever commits any of the following acts shall be detained for not more than five days or detained for not more than five days A fine of not more than 100 yuan; if the circumstances are serious, he 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:
(1) Writing threatening letters or threatening the personal safety of others by other means ;
(2) Writing threatening letters or threatening others’ personal safety in other ways;