The legal provisions on the right to privacy are as follows:
1. Article 38 of the Constitution
The personal dignity of the Chinese people and citizens is inviolable. It is forbidden to insult, slander and falsely accuse or frame citizens in any way.
Article 39 The residences of the Chinese people and citizens are inviolable. It is forbidden to illegally search or illegally invade citizens' houses.
Article 4 The freedom and privacy of communication of the Chinese people and citizens are protected by law. No organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the need of national security or the investigation of criminal offences, when the public security organs or procuratorial organs check the communication according to the procedures prescribed by law.
2. Article 245 of the Criminal Law
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 246th 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 after being told, except those that seriously endanger social order and national interests.
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 workers 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 mentioned in the preceding paragraph and steals property shall be convicted and given a heavier punishment in accordance with the provisions of article 264 of this law.
article 253-1 any functionary of a state organ or financial, telecommunications, transportation, education, medical and other units who, in violation of state regulations, sells or illegally provides to others the personal information of citizens obtained in the course of performing their duties or providing services, 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.
whoever steals or illegally obtains the above information by other means, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
if a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph.
III. General Principles of the Civil Law
Article 1 Citizens shall enjoy the right to portrait, and shall not use their portraits for profit without their consent.
article 11 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.
IV. Tort Liability Law
In China's current laws, only Article 2 of the Tort Liability Law states that the scope of civil rights and interests includes the right to privacy
According to China's national conditions and relevant information abroad, the following acts can be classified as infringement of privacy:
1. Publicizing a citizen's name, portrait, address, ID number and telephone number without his permission.
2. Invade or search other people's houses illegally, or otherwise disturb other people's living peace.
3. Illegally stalking others, monitoring their residences, installing eavesdropping equipment, taking private photos of others' private lives, and spying on others' indoor conditions.
4. Illegally spying on other people's property status or publishing their property status without their permission.
5. Open other people's letters privately, 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 and make them illegal.
7. Interfere with the sexual life of other couples or investigate and publish them.
8. Make others' extramarital sex life known to the public.
9. divulge citizens' personal materials or make them public or expand the scope of publicity.
1. Collect purely personal information that citizens are unwilling to disclose to the public.
11. Publicize other people's secrets without their permission.
v. Law on the Protection of Minors
Article 39 No organization or individual may disclose the personal privacy of minors.
No organization or individual may conceal or destroy the letters, diaries and emails of minors; Except for the need of tracing crimes, the public security organs or people's procuratorates shall conduct inspections according to law;
No organization or individual may open or consult the letters, diaries and emails of minors without capacity for conduct, except for those opened or consulted by their parents or other guardians.
Extended information:
Judicial interpretation of the right to privacy:
Whether it constitutes the responsibility of infringing the right to reputation should be determined according to the fact that the victim's reputation has been damaged, the perpetrator's behavior is illegal, there is a causal relationship between the illegal behavior and the damage consequences, and the perpetrator is subjectively at fault.
insulting or slandering others in written or oral form, which damages their reputation, shall be deemed as infringement of their reputation right. Anyone who publishes other people's privacy materials or publicizes other people's privacy in written or oral form without other people's consent, causing damage to the reputation of others, shall be treated as infringing on the reputation right of others.
The people's court should handle disputes over the right of reputation caused by writing and publishing critical articles according to different situations:
The problems reflected in the articles are basically true, and there is no content that insults others' personality, so it should not be considered as infringement on others' right of reputation.
although the problems reflected in the article are basically true, if there are contents that insult others' personality and cause others' reputation to be infringed, it should be considered as infringement of others' privacy. If the basic content of the article is untrue and the reputation of others is damaged, it should be considered as infringement of the reputation right of others.
Baidu Encyclopedia-Privacy