Infringement of privacy rights mainly involves liability for mental damage compensation, and sometimes involves property compensation liability, administrative and criminal liability. The scope of compensation for privacy rights mainly includes two aspects: first, compensation for the mental damage suffered by the victim, and second, compensation for other losses caused by the violation of the victim's privacy rights, mainly referring to property losses.
"Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Torts", Article 8, Paragraph 2: When serious mental damage is caused to the privacy right holder and serious consequences are caused, the person shall bear the above-mentioned legal liability. In addition to liability, compensation for mental damage will also be provided.
Article 15 of the "Tort Liability Law of the People's Republic of China" The main ways to bear tort liability are:
(1) Stop the infringement;
(2) Eliminate obstacles;
(3) Eliminate danger;
(4) Return property;
(5) Restoration to original condition;
(6) Compensate for losses;
(7) Apologize;
(8) Eliminate the impact and restore reputation.
The above methods of bearing infringement liability can be applied individually or in combination.
Extended information:
Article 245 of the Criminal Law Whoever illegally searches the body or residence of others, or illegally invades the residence of others, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 246: Anyone who openly insults others by violence or other methods 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.
Article 253-1: Staff members of state agencies or financial, telecommunications, transportation, education, medical and other units, in violation of national regulations, use their unit’s assets obtained in the process of performing duties or providing services. If the personal information of citizens is sold or illegally provided to others, and the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
Article 8 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mental Damage Compensation in Civil Torts":
If a person suffers mental damage due to infringement but does not cause serious consequences, the victim Requests for compensation for mental damage will generally not be supported. The people's court may, depending on the circumstances, order the infringer to stop the infringement, restore his reputation, eliminate the impact, and apologize.
If an infringement causes mental damage and serious consequences, in addition to ordering the infringer to bear civil responsibilities such as ceasing the infringement, restoring reputation, eliminating the impact, and making an apology, the people's court may, at the request of the victim, He was ordered to pay corresponding solatium for mental damage.
Reference materials:
Baidu Encyclopedia - Tort Liability Law
Baidu Encyclopedia - Interpretation of the Supreme Court on Determining Liability for Mental Damage in Civil Torts