Is it a violation of privacy to send someone else's chat records to a circle of friends without their consent?

Is it a violation of privacy to send someone else's chat records to a circle of friends without their consent? See if there's any harm. If there is no harm, it is not infringement.

The right of personal privacy in cyberspace mainly refers to "a kind of personality right that citizens enjoy the peace of private life on the Internet, and their private information is protected according to law, and will not be illegally violated, known, collected, copied, made public and used by others;" It also means that it is forbidden to disclose some sensitive information related to individuals on the Internet, including facts, images and damaged opinions! ! !

China's laws do not stipulate the right to privacy. According to judicial interpretation, in the legal practice of our country, we usually protect personal privacy in the form of protecting reputation.

Is it an invasion of others' privacy to peek at others' QQ chat records? Yes, chat records are private and exclusive, and cannot be viewed, changed or used.

Whether spamming others' chat records is an invasion of privacy, you can choose to report it to the public security organ or directly file a lawsuit with the court. You can ask the other party to stop the infringement, apologize and compensate for mental losses.

Is it an invasion of privacy to peek at chat records? Someone peeked at your QQ chat record, which is an invasion of your privacy.

It has had a great impact on your work and life. Can sue, but also need audio, video, written and witness.

Legally speaking, everyone is equal in fact, and the evidence you provided can prove this.

Litigation is the last choice and cannot be forced.

Is it an invasion of privacy for the boss to peek at employees' chat records? Privacy refers to a kind of personality right that natural persons enjoy the peace of private life and the privacy of private information is protected according to law, and is not illegally violated, known, collected, used and made public by others. Moreover, the right subject has the right to decide to what extent others can interfere in their private lives, whether to disclose their privacy to others, and the scope and extent of disclosure. Privacy, as a basic personality right, refers to a kind of personality right for citizens to "enjoy the peace of private life and the protection of private information according to law, and not be illegally harassed, informed, collected, used and made public by others".

One of my classmates posted the chat records of my friends and others on the Internet, which was considered as an invasion of others' privacy. This is not right, let alone the relationship between classmates. Even a father-son relationship can't invade the privacy of others. The victims brought a lawsuit to the people's court to safeguard their legitimate rights and interests.

Is synchronizing chat records an invasion of others' privacy? On Cases of Infringement of Privacy

-Take a medical tort dispute case as an example.

(Nanjing Hohai University Jin)

Case review: A patient suffered from internal dermatosis, and was afraid of affecting his appearance, so he was transferred to the hospital for treatment. After being treated and recovered by the hospital, he was discharged. During the treatment, the hospital followed the whole process and took relevant photos, but Patient A didn't know. After a while, the attending physician of this hospital wrote an article about this matter, using the photo of patient A, and published it in a medical magazine. Later, it was accidentally discovered by A's family.

Discussion question: Does the hospital doctor infringe the civil rights of patients? What responsibilities should magazines and doctors bear?

Brief analysis: In this case, dermatosis patient A was obviously violated by civil rights, and more than one civil right was violated. The author believes that the portrait right and privacy right of Patient A have been violated. However, A suffered from skin disease, which seriously affected her appearance. Taking photos and publishing them in magazines during the treatment seriously affected her public image and physical and mental health, and seriously violated her privacy. As for the infringement of the patient's portrait right, this article will not discuss it.

Firstly, the definition of privacy in Chinese laws and regulations is clarified. 、

1986 When the General Principles of Civil Law of People's Republic of China (PRC) was formulated, legislators did not fully understand the right to privacy. Therefore, in this law, only the right to life and health, the right to name, the right to portrait, the right to reputation, the right to honor and other personality rights were stipulated, but the right to privacy was not stipulated as the personality right of citizens. Therefore, the Supreme People's Court's Opinions on Several Issues at that time classified the right of privacy into the category of reputation. Shortly after the publication of the General Principles of Civil Law, people realized this problem. In the contemporary society where all countries in the world recognize the right to privacy, it is a serious mistake that civil legislation does not stipulate the right to privacy. It can be said that the civil legislation lacking privacy protection, no matter how perfect other contents are, can not be said to be perfect legislation, and it is flawed for the perfect protection of citizens' personal rights.

In the Tort Liability Law of People's Republic of China (PRC) passed on February 26th, 2009, the protection of privacy first appeared in legal documents, which indicates that the protection of privacy in China has risen to a new height. In this case, the hospital took photos without the patient's knowledge, which violated the patient's privacy, and then the doctor published an article to disclose the patient's privacy, which violated the patient's privacy. 、

Theoretically, there are many views on the definition and content of privacy.

First, the right to conceal. The word "concealment" in the right to privacy means concealment, and concealing personal information is the most important manifestation of the subject's domination over personal privacy information. Therefore, the main content of the right to privacy is the right to conceal. However, this right of concealment should be limited to information that is harmless to society, and it is a limited right of concealment.

Second, the right to use. The subject has the right to use his private information in various legal ways. For example, write a novel based on personal experience, fill in personal information to apply for a credit card, and use numbers such as birthday and age as the password of the account.

Third, the right to know. Privacy is an absolute right, so whether the subject knows part of his private information will not affect the existence of privacy. If I don't know my life experience, others may not reveal it at will. However, due to this dominant position, the subject should have the right to know these private information, and no one should hinder the subject from exercising the right to know.

Fourth, the right to maintain. When the information is legally obtained by others, the subject still enjoys the right to prove the truthfulness, completeness, accuracy and security of personal information. Therefore, privacy holders can view their personal information, and enjoy the right to modify or delete the wrong information and ask the acquirer to take security measures.

Fifth, the right of disposition. Punishment of the right to privacy can be achieved by giving up the right to privacy, such as disclosing private information. Openness should be made public to unspecified people or to the society through specific people. Being open to some people and not being open to the public does not mean punishment. After the privacy information is made public, this part of the information will be converted into ordinary information, and there is no privacy problem. In addition, the right to privacy is related to the personality of a specific subject.

Secondly, it briefly analyzes the constitutive elements of infringement of privacy.

As a right of privacy protected by Tort Liability Law, the constitution of privacy infringement, like other civil rights, must include the general elements of tort liability, namely subjective fault, illegal behavior, damage facts and causality.

First, subjective fault. Infringement of privacy is a general tort, which requires subjective fault of the actor to constitute tort liability, and the form of fault affects the liability of the infringer. In this case, the Chinese medicine hospital took photos of patients with skin diseases without their knowledge. Knowing that this shooting behavior will infringe on the patient's right to privacy and personality, it is obvious that the hospital has certain subjective faults; In addition, the photos were published in magazines by doctors as medical papers, which made the infringing photos continue to spread publicly, and these serious violations of patients' privacy rights occurred again. The subjects of infringement, hospitals and doctors, all have subjective faults.

Second, whether there is illegal behavior. It is illegal to invade others' privacy because it directly violates the law. Privacy is an absolute right, which has a universal influence on the world. It requires any unspecified person to have the obligation not to invade others' privacy, and any violation of this obligation is classified as invasion of privacy unless there is justifiable defense. Usually, this kind of infringement is manifested in the form of behavior, and it is not necessary to reveal the privacy of others. Basically, it can be divided into two categories: acts of infringing on private space and acts of infringing on private information. In this case, the private photos taken by the hospital and the photos published by the doctor in the magazine are both violations of privacy. Article 2 of China's Tort Liability Law clearly stipulates the right to privacy, and those who infringe on the above-mentioned civil rights and interests shall bear tort liability in accordance with this law. Therefore, there is obvious infringement in this case.

Third, damage the results. Damage is the result of tort. As a factual state, there are three main manifestations: property loss, personal interest damage and mental pain. Invasion of privacy is not directly related to property interests, and sometimes even no property interests are damaged at all. It is often the damage of personality interests that is impacted, usually accompanied by mental pain. Of course, this does not deny the economic losses caused by privacy damage. Generally speaking, as long as there are facts that infringe on legal rights, even if the consequences of the infringement are difficult to detect or prove, it can also constitute damage in tort law. It is difficult to quantify the damage consequences of privacy, a spiritual personality right, and it is difficult to prove the specific personality damage of the victim, but this does not prevent the existence of damage facts. After the photos of patients with dermatosis were made public, the personal interests of patients were seriously damaged, and mental pain and damage results occurred obviously.

Fourth, there is a causal link. Causality in tort law lies in determining the relationship between the actor's behavior and the result, and there is often a direct correlation between the act of infringing privacy and the fact of damage. The consequence of invading privacy is the "overflow" of the right holder's self-control information and the intrusion of private life, which is caused by infringement. In this case, the Chinese medicine hospital took photos of patients during the diagnosis and treatment, which violated the patients' portrait rights and privacy rights, and the photos were later published in medical journals. There is a direct causal relationship between the shooting behavior of hospitals and the behavior of doctors to disclose photos and the privacy exposure and mental damage of patients.

Finally, it expounds the responsibility of violating privacy.

The tort in this case should include two parts, namely, the act of taking pictures in the process of diagnosis and treatment in the hospital without the consent or knowledge of the patient, and the act of doctors publishing medical papers publicly. As for magazines, there is no obvious subjective fault. In view of the particularity of publishing medical papers, the magazine is exempt from being held accountable. Hospitals are obliged to diagnose and treat patients' diseases and intervene in patients' privacy within the scope permitted by medicine. However, there is no logical connection between taking photos and treating dermatoses in this case, which leads to the hospital's illegal infringement. This paper expounds the establishment of the constitutive elements of hospital photography invading patients' privacy. Therefore, hospitals should bear tort liability for patients, and this article will not elaborate on how to quantify the liability. Later, doctors used the photos of patients in the form of medical papers and published them in magazines, which made the photos of patients spread without restrictions, and readers of medical magazines could not know. Therefore, the spread of photos has had a great social impact, causing serious mental loss and personal reputation infringement to patients. Therefore, doctors should bear the corresponding tort liability to patients, give objective spiritual comfort, greatly reduce the spread of magazines and minimize the damage results.

Reference article:

Durham: On the protection of citizens' privacy in China.

Jiang Peng: My opinion on the invasion of patients' privacy by hospitals —— A discussion with Mr. Zhu Xiaodong.

Du Jian and Sun Honghui: Legal Thinking on Privacy Protection

Wang Liming and Yang Lixin: Tort Law, 1996, 12, 1 version.

From: He Xun Blog.

I am willing to show the chat record to the guardian without the other party's consent, which is an invasion of the other party's privacy. If the chat record involves the privacy of the other party, it counts. Privacy refers to the right of citizens not to disclose or let others know their personal secrets.

Why open the chat record with others on the Internet will invade others' privacy! ! ! Open other people's letters, read other people's diaries, spy on other people's private documents and make them public.

Disclosure of citizens' personal data or disclosure or expansion of the scope of disclosure.

Collect pure personal information that citizens are unwilling to disclose to the public.

The right of personal privacy in cyberspace mainly refers to "a kind of personality right that citizens enjoy the peace of private life on the Internet, and their private information is protected according to law, and will not be illegally violated, known, collected, copied, made public and used by others;" It also means that it is forbidden to disclose some sensitive information related to individuals on the Internet, including facts, images and damaged opinions! ! !

In the current laws of China, there is no explicit provision to mention the word privacy.

According to China's national conditions and relevant foreign materials, the following acts can be classified as infringement of privacy:

1. Make public the name, portrait, address and telephone number of citizens without their consent.

2, illegal intrusion, search other people's homes, or otherwise disrupt the peace of others.

3. Illegally stalking others, monitoring others' residences, installing eavesdropping equipment, secretly photographing others' private lives, and spying on others' indoor conditions.

4. Illegally spying on others' property status or publishing their property status without others' permission.

5. Privately open other people's letters, 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 to make them illegal.

7, interfere with other couples' sexual life or investigation.

8. Publicize other people's extramarital sex life to the public.

9, the disclosure of personal materials of citizens or open or expand the scope of disclosure.

10, collecting pure personal information that citizens are unwilling to disclose to the society.

Privacy should belong to the category of civil law. Strictly speaking, there is no real civil code in China at present. We can call it the general principles of civil law. However, because the General Principles of Civil Law in China is a basic civil law, which regulates the basic norms of civil activities, it can also be said that the General Principles of Civil Law is a formal civil law.

1 Definition of privacy

individual?privacy

Refers to the secrets in personal physical, psychological and social communication. (Personal unique physiological characteristics, psychological activities, diaries, telephone calls, letters and personal activities at home, etc. )

2 Privacy

Privacy, as a basic personality right, refers to a kind of personality right for citizens to "enjoy the peace of private life and the protection of private information according to law, and not be illegally harassed, informed, collected, used and made public by others".

3 Network privacy

The right of personal privacy in cyberspace mainly refers to "a kind of personality right that citizens enjoy the peace of private life on the Internet, and their private information is protected according to law, and will not be illegally violated, known, collected, copied, made public and used by others;" It also means that it is forbidden to disclose some sensitive personal information on the Internet, including facts, images and damaged opinions.

China's privacy regulations

China's laws do not stipulate the right to privacy. According to judicial interpretation, in the legal practice of our country, we usually protect personal privacy in the form of protecting reputation.

Is it an invasion of privacy to disclose a person's chat record? I think so.