Which issues belong to personal privacy?
Which issues belong to personal privacy? Personal privacy refers to the secrets that citizens do not want others to know or disclose in their lives, and this secret is related to society and society. The interests of others are not relevant and this secrecy is legally known as privacy. So does everyone understand what issues belong to personal privacy? I will share with you which issues are personal privacy. What issues belong to personal privacy 1
1. The right to a peaceful life.
Rights subjects can engage in or refrain from engaging in certain activities that have nothing to do with social public interests or are harmless according to their own will, and are not subject to interference, destruction or dominance by others.
2. The right to keep personal life information confidential.
Rights subjects have the right to prohibit others from illegally using personal life information. Such as physical defects, health status, life experience, property status, marriage and love, social relationships, beliefs, psychological characteristics, etc.
3. Right to confidentiality of personal communications.
Rights holders have the right to keep the contents and methods of personal letters, telegrams, phone calls, etc. confidential, and prohibit others from illegally eavesdropping or stealing.
What are the legal responsibilities for infringing on personal privacy?
Anyone who infringes on personal privacy shall bear civil liability for compensation, and the person who has been violated can safeguard his rights through civil litigation. After the People's Court accepts the case, it will hold a hearing to find out the facts of the case, review the evidence, and make a judgment in accordance with the law; and the judgment will state the result and the reasons for the judgment.
"Tort Liability Law"
Article 2 Those who infringe upon civil rights and interests shall bear tort liability in accordance with this law.
The civil rights and interests mentioned in this law include the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufruct rights, and guarantees. Personal and property rights such as property rights, copyrights, patent rights, trademark exclusive rights, discovery rights, equity rights, inheritance rights, etc.
Article 3 The infringed party has the right to request the infringer to bear infringement liability.
Article 15 The main ways to bear infringement liability are:
(1) Stop the infringement;
(2) Eliminate obstruction;
(3) Eliminate the danger;
(4) Return the property;
(5) Restore the original condition;
(6) Compensate for losses;
(7) Make an apology;
(8) Eliminate the impact and restore reputation.
Illegal gains of more than 5,000 yuan from illegally obtaining, selling or providing citizens’ personal information shall be deemed to be a “serious case” as stipulated in Article 253-1 of the Criminal Law and shall be punished with a fixed-term imprisonment of not more than three years. Imprisonment or criminal detention, and either a fine or a fine. The maximum sentence for infringement of personal information resulting in death is 7 years. What issues belong to personal privacy 2
Personal privacy includes: body privacy, action privacy, behavior privacy, identity privacy, reputation privacy, portrait privacy, personal income privacy, and personal experience privacy.
Personal privacy includes:
1. Publicizing a citizen’s name, portrait, address and phone number without their permission.
2. Illegal intrusion and search of other people’s homes, or other ways of destroying the peace of other people’s homes.
3. Illegal stalking of others, surveillance of other people’s residences, installation of eavesdropping equipment, private filming of other people’s private lives, and snooping on other people’s indoor situations.
4. Illegally spy on other people’s property status or publish their property status without their permission.
5. Open other people’s letters privately, peek into other people’s diaries, spy on the contents of other people’s private documents, and make them public.
6. Investigate and spy on other people’s social relationships and make them illegally public.
7. Interfere with other people’s sexual life or investigate or publish it.
8. Announce others’ extramarital sex life to the public.
9. Leak citizens’ personal information or make it public or expand the scope of disclosure.
10. Collect purely personal information that citizens are unwilling to disclose to the public.
Legislation for privacy leaks:
Article 111 of the "General Principles of the Civil Law" implemented on October 1, 2017 clearly stipulates the protection of personal information: "Natural persons "Personal information is protected by law."
In terms of administrative supervision, the "Cybersecurity Law" stipulates network information security in a special chapter, requiring network operators to collect and use personal information in a legal, legitimate, and legal manner. Necessary principles, open collection and use rules, clearly state the purpose, method and scope of collecting and using information, and obtain the consent of the persons being collected;
In terms of criminal liability, the "Criminal Law Amendment (7)" and the "Criminal Law Amendment (9)" both regard the protection of personal information as an important content, stipulate the crime of "selling or illegally providing citizens' personal information" and "illegally obtaining citizens' personal information", and increase the punishment.
< p> In addition, the "Criminal Law Amendment (9)" also adds a new penalty for "data leakage". "China's protection of 'personal information' and 'personal privacy' has initially formed a legal system that includes civil remedies, administrative supervision, and criminal liability, including laws, administrative regulations, judicial interpretations, and departmental regulations.