Second, if you later discover that you have been secretly photographed, you can protect your legitimate rights and interests through judicial relief and legal proceedings.
The penalties for secret photography are:
1. Administrative penalties
For behaviors that generally disrupt social order and fail to meet the standards for criminal filing, the public security organs mainly rely on the " Penalties shall be imposed in accordance with the Public Security Administration Punishment Law of the People's Republic of China. 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 serious, he shall be detained for not less than five days but not more than ten days. A fine of not more than five hundred yuan may be imposed. Therefore, calling the police as soon as possible when someone harasses you is the most appropriate choice, and it can also prevent further harm.
Second, civil claims
The right to privacy is a natural person who enjoys a peaceful private life, whose private information is protected in accordance with the law, and who is free from illegal harassment, notification, collection, use and disclosure by others. 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 with the express consent of the rights holder, no organization or individual is allowed to photograph or peek into the private parts of another person's body. If the right to privacy is violated, the infringer may be required to bear civil responsibilities such as ceasing the infringement, removing obstruction, compensating for losses, making an apology, eliminating the impact, and restoring reputation.
Third, criminal punishment
If the perpetrator's behavior has seriously violated the legitimate rights and interests of the parties and violated the criminal law, then he must bear corresponding criminal liability. For example, distributing secretly filmed private videos of others may violate the provisions of Article 364 of the Criminal Law and is suspected of disseminating obscene materials. Anyone who publishes other people's video materials to insult or slander shall be suspected of insulting and slandering according to Article 246 of my country's Criminal Law and shall bear criminal liability in accordance with the law.
Lawyer Huang Dianxin popularizes the law:
Article 1032 of the "Civil Law 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 spying, harassing, exposing, making public, etc.
Privacy is the private space, private activities and private information that natural persons live in peace with and do not want to be known by others.
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) Via phone calls, text messages, or instant Communication tools, emails, flyers, etc. Interfering with other people's private lives;
(2) Entering, photographing, or peeping into other people's homes, hotel rooms, or other private spaces;
(3) Filming, peeping, eavesdropping, or leaking other people's private activities
(4) Photographing or peeping at other people’s private parts;
(5) Processing other people’s private information;
(6) Infringing on others in other ways Privacy.
Article 364 of the "Criminal Law" stipulates that 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. .