Your health belongs to the right of privacy.
The Current Situation of Privacy Protection in China
Looking at China's current legislation, there are few legal provisions on the right to privacy, and a complete legal protection system has not yet been formed, which is obviously not conducive to the comprehensive and full protection of citizens' right to privacy. The reasons are as follows: First, we have always neglected the protection of privacy in history, and there is a tendency to oppose the protection of privacy in traditional moral concepts. In addition, the consciousness of civil rights is weak, and the privacy problem in society is not very prominent, which is difficult to be reflected in legislation; Second, due to the late start of theoretical research on the right to privacy, many problems remain to be solved, and a mature theoretical system of privacy protection has not yet been formed. The concept of protecting citizens' privacy is mainly embodied in some national, local and special laws and regulations. The protection of privacy in China's legislation is mainly reflected in the provisions of the Constitution and the Civil Law on the right to life and property, and there are also relevant provisions in the Criminal Law.
1. The Constitution protects the right to privacy. There is no concept of privacy or right to private life in China's Constitution, and the provisions concerning privacy mainly include the following:
The Constitution stipulates the inviolability of personal dignity, and the right to privacy is one of personality rights. The state protects the ownership of citizens' lawful income, savings, houses and other lawful property; The personal dignity of People's Republic of China (PRC) citizens is inviolable, and it is forbidden to insult, slander, falsely accuse or frame citizens by any means; Citizens' homes are inviolable, and illegal search or intrusion into citizens' homes is prohibited; Citizens' freedom and privacy of communication are protected by law, and no organization or individual may infringe upon citizens' freedom and privacy of communication for any reason except that public security organs and procuratorial organs inspect communication according to the procedures prescribed by law.
2. Privacy protection in civil law. The General Principles of the Civil Law of People's Republic of China (PRC) protects citizens' personal rights and property rights. Regarding property rights, Article 5 stipulates: "The lawful civil rights of citizens and legal persons are protected by law, and no organization or individual may infringe upon them." Article 75 stipulates: "Citizens' personal property includes citizens' lawful income, savings, daily necessities, cultural relics, books and materials, trees, livestock, means of production and other lawful property permitted by law. The legitimate property of citizens is protected by law, and it is forbidden for any organization or individual to occupy, plunder, destroy or illegally seal up, detain, freeze or confiscate it. " Protect citizens' intellectual property rights. With regard to personal rights, the general provisions stipulate that citizens have the right to name, have the right to use and change their names in accordance with regulations, and prohibit others from interfering, stealing or forging them; Citizens have the right to portrait, and their portraits shall not be used for profit without their consent; Citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.
3. Criminal law protects the right to privacy. Although there is no direct use of privacy or the concept of privacy in China's criminal law, and there are no charges of violating privacy, some provisions can be understood as including the protection of privacy. This is the crime of illegal search stipulated in article 125 of the new criminal law, the crime of illegal intrusion into houses and the crime of infringement of freedom of communication stipulated in article 252.
The crimes of illegal search, illegal invasion of houses and violation of freedom of communication established in China's criminal law have strengthened the protection of citizens' privacy by punishing violations of citizens' right to peace of life and privacy of private information to a certain extent and scope. Together with the provisions on privacy protection in civil law, procedural law and administrative law, these provisions effectively protect citizens' personal interests and personal dignity from illegal infringement, and play a positive role in raising citizens' awareness of rights, establishing civilized and healthy social morality and promoting the construction of socialist spiritual civilization.
The right to privacy refers to a personality right that a natural person enjoys the peace of private life and private information is not illegally interfered, known, collected, used and made public by others. According to the specific situation of our country, combined with relevant foreign theoretical research results, the contents of privacy mainly include: (1) citizens have the right to name, portrait, address, home phone number and body and skin shape secrets, and they are not allowed to spy, disclose or spread without permission. (2) Citizens' personal activities, especially those in their houses, are not subject to surveillance, voyeurism, photography or video recording, except those where they live under surveillance according to law. (3) Citizens' houses are not subject to illegal intrusion, peeping or harassment. (4) Citizens' sexual life is not interfered, interfered, peeped, investigated or made public by others. (5) Citizens' savings and property status shall not be investigated and published illegally, except those that need to be published according to law. (6) Citizens' personal documents such as correspondence and diaries are not subject to snooping or illegal disclosure, and citizens' personal data are not subject to illegal collection, transmission, processing and utilization. (7) Citizens' social relations are not subject to illegal investigation or publicity. (8) Citizens' archival materials shall not be illegally disclosed or expanded. (9) Citizens' past or present pure personal circumstances, such as repeated lovelorn and rape, shall not be illegally disclosed to the public, nor shall they be collected or made public. (10) Any other personal data belonging to citizens' private content shall not be illegally collected, transmitted, processed and utilized (3). The above contents can be summarized into four aspects, namely, related to private life, peace, image and name. Privacy has the following characteristics: (1) The subject of privacy can only be a natural person. Privacy is the private right of natural persons, excluding legal persons, especially corporate legal persons, which is actually a trade secret. Trade secrets do not have the essential attribute of privacy that has nothing to do with public interests and group interests. (2) The object of privacy includes private activities, personal information and personal fields. (3) The scope of protection of privacy is limited by public interests. The protection of privacy is not unlimited. Should be restricted by the public interest, when the interests conflict, it should be adjusted according to the requirements of the public interest. According to the characteristics of privacy, scholars at home and abroad generally believe that privacy has the following four rights: (1) Concealing privacy. The right to conceal privacy refers to the right of the right subject to conceal his privacy without being known by others. (2) the right to privacy. Natural persons not only have the negative right to conceal their privacy, but also have the positive right to use this right. Privacy refers to the right of natural persons to actively use their privacy to meet their spiritual and material needs. (3) the right to maintain privacy. Privacy refers to the right that the privacy subject enjoys to protect his privacy from infringement. When he is illegally infringed, he can take public and private remedies to safeguard the inviolability of privacy. (4) Privacy control. The right to control privacy means that natural persons have the right to control their privacy according to their own wishes. The essence of allowing others to use their privacy is a transfer of their privacy. Use without the promise of the obligee is a serious infringement.
Legal protection of privacy right
Privacy is an important civil right for citizens to enjoy personal information, a quiet life and the right to decide private affairs, including the right to keep personal information confidential, the right to be undisturbed in personal life and the right to decide private affairs. As a citizen's personality right, the right to privacy is absolute in nature, and its core content is to control one's privacy according to one's own will, and no one else has the obligation to infringe upon it. However, in today's information society, with the rapid development of information dissemination means and technology, people's privacy is increasingly threatened by infringement. It is understood that the cases of damages caused by infringement of citizens' privacy rights accepted by courts all over the country are on the rise year by year.
The reason for the increase of privacy disputes is that many people, especially some news media, do not have a correct understanding of citizens' privacy and privacy rights and their legal protection, and even mistakenly believe that China's laws do not explicitly protect individual privacy rights, so that it is illegal to infringe on others' privacy rights. In fact, since 1970s, the international protection of privacy has evolved from passive protection to active protection. China adopts indirect and decentralized legislation, and has formed a multi-level legal protection system for privacy right.
Protection of the right to privacy in the Constitution Although the Constitution of our country does not make explicit and direct protective provisions on the right to privacy, it indirectly confirms the inviolability of citizens' right to privacy from other aspects. Article 38 of the Constitution stipulates: "The personal dignity of the people and citizens of China is inviolable. It is forbidden to insult, slander and falsely accuse citizens in any way. " "Insulting citizens in any way" here includes protecting citizens' personal dignity and, of course, protecting citizens' privacy by making others' privacy public; Article 39 of the Constitution stipulates: "The houses of the people and citizens of China are inviolable. It is forbidden to illegally search or illegally invade citizens' houses. "Some laws of citizens' personal life also belong to personal privacy. This article ensures that citizens' daily life is not illegally disturbed, and also protects citizens' right to privacy to a certain extent. Article 40 of the Constitution also stipulates: "The freedom and privacy of communication of the people and citizens of China shall be protected by law. When public security organs and procuratorial organs check communication according to the procedures prescribed by law, no organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the needs of national security or criminal investigation. "Privately opening letters and eavesdropping on telephone calls are acts of violating communication secrets. The Constitution protects citizens' right to privacy by prohibiting these acts.
Protection of the Right to Privacy In China's criminal law, the protection of the right to privacy is mainly achieved by investigating the criminal responsibility for violating the right to privacy. The first paragraph of Article 245 of the Criminal Law stipulates: "Whoever illegally searches another person's body or residence or illegally invades another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention." Paragraph 1 of Article 246 stipulates: "Whoever publicly insults others or fabricates facts to slander others by violence or other means, 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." Article 252 stipulates: "Whoever conceals, destroys or illegally opens other people's letters and infringes upon citizens' right to freedom of correspondence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention. "Paragraph 1 of Article 253 stipulates:" Postal personnel who open, conceal or destroy mail and telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. "The above provisions are a concrete extension of the spirit of protecting citizens' right to privacy in the criminal field, and provide the strongest criminal law guarantee for protecting citizens' right to privacy.
Protection of Privacy by Civil Law Among all the laws and regulations protecting privacy, civil law is the most complete and complete legal department. The protection of privacy in civil law is mainly reflected in three aspects: first, the civil rights of citizens, especially the personal rights, are stipulated in principle, and the spirit of civil law protection that citizens' privacy rights are inviolable is established; The second is to realize the protection of privacy by determining the civil liability for infringement of privacy; Third, clear protection through legal interpretation. For example, Article 140 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation) stipulates: "Anyone who discloses others' privacy in written or oral form, or fabricates facts to publicly vilify others' personality, insult or slander others, damage their reputation, and cause certain influence shall be deemed as an act of infringing citizens' right of reputation. "
Protection of Privacy in Procedural Law Our country's laws have established the general principle of people's courts hearing cases in public, but for some cases involving the personal privacy of the parties, some procedural laws in China stipulate that public hearing is not applicable. For example, the first paragraph of Article 152 of the Criminal Procedure Law stipulates: "The people's courts shall hear cases of first instance in public. However, cases involving state secrets or personal privacy are not heard in public. " Article 120 of the Civil Procedure Law stipulates that the trial of civil cases by the people's courts shall be conducted in public unless it involves state secrets, personal privacy or otherwise provided by law; If the parties to a divorce case apply for a private hearing, they may do so. Article 45 of the Administrative Procedure Law stipulates: "The people's courts try administrative cases in public, except those involving state secrets, personal privacy and other provisions of the law." In addition, Article 7 of the Organic Law of the People's Courts also stipulates that in order to protect the privacy of citizens, the trial shall not be held in public. These provisions are actually the most obvious judicial protection for citizens' right to privacy.
After the promulgation and implementation of the General Principles of the Civil Law, almost all laws related to the protection of civil rights have provisions on the right to privacy. Such as the Law on the Protection of Minors, the Law on the Protection of Women's Rights and Interests, the Law on the Protection of Disabled Persons and the Law on the Protection of Consumers' Rights and Interests. The privacy rights of minors, women, the disabled and consumers are clearly and specially stipulated, which further improves the legislation of China to protect citizens' privacy rights.
Privacy is an inconvenient thing to say. It has nothing to do with others, but with your own interests.
The right to privacy refers to a kind of personality right that the private life and private information secrets enjoyed by natural persons are protected according to law and are not illegally violated, known, collected, used and made public by others. Moreover, the right subject has the right to decide to what extent others can interfere in their private lives, whether to disclose their privacy to others, and the scope and extent of disclosure.
With the continuous progress of social civilization, people pay more and more attention to individual rights and personal dignity, and the right to privacy has become an important right for contemporary citizens to protect their own personality. With the popularization of scientific and technological means and modern media, it is not uncommon to hunt for others' privacy, satisfy curiosity or achieve commercial and political goals. Nowadays, cases involving privacy are on the rise.
The so-called privacy refers to things that are unwilling or inconvenient to tell people. The characteristics of the right to privacy are that the subject of the right to privacy can only be a natural person, the content of the right to privacy is authentic and secret, and the scope of protection of the right to privacy is limited by public interests.
The concepts of privacy and privacy are at least the embodiment of personal dignity. In this sense, it is necessary and important. It embodies a person, personality and personal dignity.
What is invasion of privacy?
According to the laws of our country, the following acts are violations of privacy:
1. Make public the name, portrait, address and telephone number of citizens without their consent.
2, illegal intrusion, search other people's homes, or otherwise disrupt the peace of others.
3. Illegally stalking others, monitoring others' residences, installing eavesdropping equipment, secretly photographing others' private lives, and spying on others' indoor conditions.
4. Illegally spying on others' property status or publishing their property status without others' permission.
5. Privately open other people's letters, peek at other people's diaries, spy on other people's private documents and make them public.
6. Investigate and spy on other people's social relations to make them illegal.
7, interfere with other couples' sexual life or investigation.
8. Publicize other people's extramarital sex life to the public.
9, the disclosure of personal materials of citizens or open or expand the scope of disclosure.
10, collecting pure personal information that citizens are unwilling to disclose to the society.