According to the Constitution of People's Republic of China (PRC):
Article 38 The personal dignity of People's Republic of China (PRC) citizens shall be inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way.
Article 39 The residences of People's Republic of China (PRC) citizens shall be inviolable. It is forbidden to illegally search or illegally invade citizens' houses.
Article 40
People's Republic of China (PRC) citizens' freedom and privacy of communication are 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.
According to the provisions of the Criminal Law of People's Republic of China (PRC):
Article 245 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. Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
Article 246 Whoever publicly insults others by violence or other means or fabricates facts to slander others, 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. ?
The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
Article 252 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.
Article 253 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. Whoever commits the crime of stealing property mentioned in the preceding paragraph shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.
Article 253-1 Whoever, in violation of the relevant provisions of the State, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. ?
Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph. Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding three paragraphs.
According to the provisions of the General Principles of Civil Law of People's Republic of China (PRC):
Article 100 Citizens shall enjoy the right to portrait, and shall not use their portraits for profit without their consent.
Article 101 Citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.
According to the Tort Liability Law of People's Republic of China (PRC):
Article 2 The civil rights and interests mentioned in this Law include personal and property rights and interests such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
Extended data:
Respecting citizens' privacy is the bottom line of the information age.
The data age of the Internet has arrived, especially the Industrial 4.0 Revolution with the background of big data, Internet of Things, cloud computing and artificial intelligence. Data information has gradually replaced user activity and traffic, and has become the main resource for core value orientation and Internet platform competition.
In the fierce data competition of network companies, citizens' data and information security tend to be materialized. Some well-known websites, through the "overlord clause" in the netizen agreement, take illegal trading means such as disguised embezzlement and fraudulent use of big data, which seriously infringes on user privacy and national security.
As a new personality right, data right originates from privacy right and is an important object of civil rights of citizens. Its ownership belongs to the citizens themselves, not the website.
China's cyber security law reaffirms the independent control of citizens' data and information, which includes not only the right to know, the right to choose and the right to quit, but also the obligation of websites to ensure the security of citizens' data and information, the obligation to inform, the obligation to warn and the obligation to change.
In practice, some websites, under the guise of netizens' agreements, "hide" privacy agreements that are vital to citizens' legitimate rights and interests in complex format clauses, and cheat users' trust by "hiding the sky from the sea". This seemingly explicit act of grabbing citizen data has become a "business practice."
Under the background of information asymmetry, citizens become the objects of data grabbing and plundering, and a large amount of private information is illegally stolen, traded and purchased.
In view of this situation, the Supreme People's Court and the Supreme People's Procuratorate made clear the specific standards and types of crimes against citizens' privacy in the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement on Citizens' Personal Information, which was officially implemented on June 1 this year, putting the security of citizens' personal information at the highest level of legal protection and delineating the bottom line of criminal law for violations of citizens' data rights.
However, the judicial interpretations of the two courts focus on cracking down on "stealing openly" and "robbing openly" that infringe on citizens' personal information, and have little influence on "stealing secretly" and "robbing secretly" that abuse standard clauses and infringe on citizens' privacy rights.
This is because, as a civil right, users also have the right to punish themselves. Once the website moves out of the "privacy clause" that has been authorized by the user as a defense, it is difficult for criminal law to identify it as a criminal act.
Therefore, recently, the four departments of the Central Network Information Office, the Ministry of Industry and Information Technology, the Ministry of Public Security and the National Standards Committee have reviewed the privacy clauses of the top ten network services in the market in accordance with the Cyber Security Law and other relevant laws and regulations, and urged these network platforms to carry out rectification, fundamentally ensuring that citizens' data rights are always in their own hands.
It must be emphasized that personal information and big data are different in nature, and the applicable laws are different. According to Article 76 of China's Cyber Security Law, personal information refers to all kinds of information recorded by electronic or other means that can identify the identity of a specific natural person or reflect the activities of a specific natural person alone or in combination with other information.
The nature of personal information belongs to the category of citizens' privacy, and illegal collection, use or transaction will bear legal responsibilities including criminal, civil and administrative responsibilities. Big data information is data information that cannot directly or indirectly identify the specific identity of natural persons, and belongs to the category of intellectual property in legal nature.
As an intellectual property right, big data is independent of citizens' personal privacy rights and is an important product of the data information age. Of course, property owners can trade and use according to law.
In reality, some websites intentionally confuse the boundaries between big data and personal information, package personal information, or simply "desensitize" through illegal means, and then trade and use it in the name of big data. This is a typical illegal and criminal act of infringing citizens' personal information.
From a technical point of view, it is indeed possible to transform personal information into big data, but it must be "desensitized", that is, user-identifiable information must be "irreversibly removed" through legal standards and procedures.
There are two major problems in "desensitization" operation in practice. First, there is a lack of uniform legal standards, and identifiable information components remain in big data; Second, there is the possibility of "reversibility" of data, which requires relevant government departments to issue relevant standards and procedures as soon as possible.
From a practical point of view, the right to data in the Internet era is more prominent than the right to privacy, highlighting the "control" of users over their own data. In addition to ethical rights such as users' right to know, China's cyber security law also specifically clarifies users' "independent decision-making power" over their own data.
Article 43 of the Law stipulates that if an individual discovers that a network operator has collected or used his personal information in violation of laws, administrative regulations or the agreement of both parties, he has the right to ask the network operator to delete his personal information; If it is found that the personal information collected and stored by the network operator is wrong, it has the right to ask the network operator to correct it. Network operators should take measures to delete or correct them.
The right of deletion and modification is the extension and development of citizens' right of privacy in the field of Internet data, which, combined with the right to know and the right to choose, forms the legal bottom line of citizens' data rights in the information age.
People's Network-Respecting citizens' privacy is the bottom line of the information age.