Relevant legal provisions of citizens' right to privacy

First, the Constitution of People's Republic of China (PRC). civil law

I. 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 and 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.

Fortieth 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.

Two. ?the Civil Code

Article 1032 Natural persons shall have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, revealing or making public.

Privacy is the private space, private activities and private information that natural people live peacefully and don't want to be known by others.

Article 1033 Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may commit the following acts:

(a) by telephone, SMS, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;

(2) Entering, taking photos and peeping into other people's private spaces such as houses and hotel rooms;

(3) Shooting, peeping, eavesdropping or revealing the privacy of others;

(4) Shooting or peeping at other people's private parts;

(5) Handling other people's private information;

(6) Infringe upon the privacy of others in other ways.

The punishment for invading others' privacy needs to be analyzed according to the situation:

(1) Anyone who peeps, takes candid photos, eavesdrops or spreads others' privacy shall be detained for not more than 5 days or fined for not more than 500 yuan;

(two) if the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan.

What are the constitutive elements of infringement of privacy?

1, the actor is subjectively at fault;

2. There are illegal acts that infringe on the privacy of others;

3. Damage results occur;

4. There is a causal relationship between the damage result and the tort.

To sum up, it is Bian Xiao's relevant answers to the relevant laws and regulations on citizens' right to privacy, and I hope it will help you.

legal ground

I. 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 and 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.

Fortieth 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.

Two. ?the Civil Code

Article 1032 Natural persons shall have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, revealing or making public.

Privacy is the private space, private activities and private information that natural people live peacefully and don't want to be known by others.

Article 1033 Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may commit any of the following acts:

(a) by telephone, SMS, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;

(2) Entering, taking photos and peeping into other people's private spaces such as houses and hotel rooms;

(3) Shooting, peeping, eavesdropping or revealing the privacy of others;

(4) Shooting or peeping at other people's private parts;

(5) Handling other people's private information;

(6) Infringe upon the privacy of others in other ways.