1. Is it okay to have a public sentencing involving personal privacy but not a public trial?
Yes;
Article 130 of the Constitution of the People's Republic of China
When hearing cases, the People's Court shall not Except for special circumstances, all meetings will be held in public. The accused has the right to a defence.
Article 148, Paragraph 1, of the Civil Procedure Law: The People's Court shall publicly pronounce judgments on cases that are heard in public or not in public.
Criminal Procedure Law, Article 202, Paragraph 1: The pronouncement of judgment shall be conducted in public.
Article 80, Paragraph 1 of the Administrative Litigation Law: The People's Court shall publicly pronounce judgments on cases that are heard in public or in private.
2. What are the provisions on personal privacy in our country, and which legal provisions are they recorded in?
According to Article 38 of the "Constitution of the People's Republic of China" The personal dignity of citizens of the People's Republic of China is inviolable. It is prohibited to use any method to insult, slander, or make false accusations against citizens.
Article 39 The residences of citizens of the People’s Republic of China are inviolable. Illegal searches or intrusions into citizens' homes are prohibited.
Article 40: The freedom of communication and the confidentiality of communication of citizens of the People’s Republic of China are protected by law. Except for the need for national security or the investigation of criminal crimes, where the public security organs or procuratorial organs inspect communications in accordance with the procedures prescribed by law, no organization or individual may infringe on citizens' freedom of communication and communication confidentiality for any reason.
According to Article 245 of the "Criminal Law", anyone who 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. Judicial personnel who abuse their powers and commit the crime in the preceding paragraph shall be severely punished.
Article 246: Anyone who publicly 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.
According to Article 39 of the "Law on the Protection of Minors", no organization or individual may disclose the personal privacy of minors.
No organization or individual may conceal or destroy minors’ letters, diaries, and e-mails; except for the need to investigate crimes, the public security organs or people’s procuratorates shall inspect them in accordance with the law, or inspect the incapacitated persons. No organization or individual may open or review minors' letters, diaries, and emails, except for their parents or other guardians to open and review them on their behalf.
3. The difference between personal privacy and personal privacy rights
Personal privacy and personal privacy rights are two completely different concepts. Personal privacy exists objectively, and personal privacy rights are rights stipulated by law. Countries have different legal provisions on the protection of personal privacy. Therefore, the connotation and extension of personal privacy rights in different countries are different.
In recent years, many countries have increased their efforts to protect personal privacy rights. Therefore, the content of personal privacy rights has a trend of convergence. Personal privacy is an objective fact, whether it is static personal privacy or dynamic personal privacy.
Whether it is innate personal privacy (such as physical privacy) or acquired personal privacy (such as illegal and criminal records), they all belong to the category of personal privacy. In the legislative process, various countries have different scopes of personal privacy protection. Therefore, the connotation and extension of personal privacy rights are different.
4. Protection of personal privacy on the Internet
Protecting personal information is crucial in the Internet era. All activities of natural persons on the Internet will leave imprints, and Internet service providers will make full use of the electronic imprints left by users to understand the basic situation of natural persons, including their consumption preferences and activity trajectories.
This is a very scary phenomenon. If there are no clear legal provisions on Internet data collection, then Internet service providers will use the information they collect to engage in commercial activities, objectively harming consumers. legitimate rights and interests.