First, if you are being secretly photographed, you can clearly state your attitude and ask the person being secretly photographed to stop the secret photography and delete the previous photos or videos. If the person being secretly photographed refuses, you can choose to call the police.
Secondly, if you find that your behavior has reached an advanced stage, you can protect your legitimate rights and interests through legal procedures.
The penalties for those who take secret photos include:
1. Administrative penalties
For those who generally disrupt social order and do not meet the standards for criminal filing, the public security organs mainly based on the " shall be punished in accordance with the Law of the People's Republic of China and the State on Public Security Administration Punishments. Article 42 of my country's "Public Security Administration Punishment Law" stipulates that anyone who peeps, secretly photographs, eavesdrops, or spreads other people's privacy 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 detained for not less than five days but not more than ten days. , and may be fined not more than five hundred 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 natural person’s private life and peace of mind, and private information is protected by law from illegal intrusion by others, and is known, collected, used and disclosed. Personal rights. Articles 1032 and 1033 of my country's Civil Code clearly stipulate the protection of privacy rights. Unless otherwise provided by law or the rights holder expressly consents, 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 other people's private videos may violate Article 364 of the Criminal Law and be suspected of disseminating obscene materials. If you publish pictures of others and commit insults and slanders, according to Article 246 of my country's Criminal Law, you will be suspected of insulting and slandering, and you should be held criminally responsible according to law.
Lawyer Huang Dianxin explains the law:
Article 1032 of the "Code of the People's Republic of China" stipulates that natural persons enjoy the right to privacy. No organization or individual may infringe on the privacy rights of others by snooping, intruding, disclosing, making public, etc.
Privacy refers to the tranquility of a natural person’s private life and the private space, private activities, and private information that a natural person does not want to know about.
Article 103 Unless otherwise provided by law or with the express consent of the right holder, no organization or individual may carry out the following acts:
(1) By phone, text message, Use instant messaging tools, emails, flyers, etc. to intrude into the tranquility of other people's private lives;
(2) Enter private spaces such as residences and hotel rooms to film or snoop.
(3) Photographing, peeping, eavesdropping or disclosing other people’s private activities;
(4) Photographing, peeping at other people’s private parts of the body;
(5 ) Process other people’s private information;
(6) Infringe on the privacy rights of others in other ways.
Article 364 of the "Criminal Law" stipulates that those who disseminate obscene books, films, 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.