Secondly, if you realize at a later stage that you have been secretly photographed, you will need to go through legal procedures through judicial relief to protect your legitimate rights and interests. The main penalties for those who take secret photos are:
1. Administrative penalties For those who generally disrupt social order and do not meet the standards for criminal filing, the public security organs will mainly impose them in accordance with the "People's Republic of China and the National Public Security Administration Punishment Law" punishment. Article 42 of my country's "Public Security Administration Punishment Law" stipulates that anyone who peeps, secretly photographs, eavesdrops, or disseminates the privacy of others shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are more serious, he shall be sentenced to not less than five days but not more than ten days. Detention and possible fine of not more than 500 yuan. Therefore, when encountering harassment from others, calling the police as soon as possible is the most appropriate choice, and it can also prevent further infringement.
2. Civil Claims The right to privacy is a personality right that natural persons enjoy in accordance with the law, the peace of private life and the freedom of private information from illegal intrusion, knowledge, collection, use and disclosure by others. Articles 1032 and 1033 of the Civil Code of our country clearly stipulate the protection of privacy rights. Unless otherwise provided by law or with the express consent of the right holder, no organization or individual may photograph or peek at the private parts of another person's body. If the right to privacy is infringed, the infringer may be required to bear civil responsibilities such as stopping the infringement, removing obstacles, compensating for losses, making an apology, eliminating the impact, and restoring reputation.
3. Criminal Punishment If the perpetrator's behavior has seriously infringed upon the legitimate rights and interests of the parties and violated the criminal law, he will need to bear corresponding criminal liability. For example, disseminating videos secretly filming other people's privacy may violate the provisions of Article 364 of the Criminal Law and be suspected of disseminating obscene materials. If someone commits acts of insult or defamation by publishing other people’s video materials, according to the provisions of Article 246 of the Criminal Law, he will be suspected of crimes of insult and defamation and shall bear criminal responsibility. Lawyer Huang Dianxin explained the law: "Article 1032 of the Code of the People's Republic of China stipulates that natural persons have the right to privacy.
No organization or individual may infringe on the privacy of others by inquiring, intruding, leaking, publishing, etc. Privacy. Privacy refers to a natural person’s private life and private space, private activities, and private information that he does not want others to know. Article 103 Unless otherwise provided by law or with the express consent of the right holder, no organization or individual may implement it. The following behaviors:
(1) Invading the peace of other people’s private lives through phone calls, text messages, instant messaging tools, emails, flyers, etc. 2) Entering other people’s private spaces such as residences and hotel rooms to film and voyeur. ; (3) Photographing, peeping at, eavesdropping on, or publicizing other people's private activities; (4) Photographing or peeping at other people's private parts of the body; (5) Processing other people's private information; (6) Violating other people's privacy rights in other ways. 》Article 364: Anyone who disseminates obscene books, periodicals, videos, audio-visuals, pictures or other obscene materials, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or surveillance.