What are the rights of mobile phone users violated by spam messages in the Civil Code?

In the real society, everyone has certain rights, such as personal freedom, health and so on. If the rights and interests of others are infringed, they can bear corresponding responsibilities. So, what rights of mobile phone users are infringed by spam messages in the Civil Code? The following is my answer to readers.

1. What are the rights of mobile phone users violated by spam messages in the Civil Code?

1, suspected of infringing others' right to peace.

Spam messages are characterized by harassing others and affecting their peace of life. Although this behavior has not caused property damage or personal injury, it has caused mental damage to the victim, that is, damage to personality interests or personality rights, so it meets the constitutive requirements of tort.

2. Suspected of infringing upon others' right to freedom of communication.

For spam and its senders, end users usually don't want to receive and communicate with them. Therefore, the act of sending spam messages should be an act of infringing on the freedom of communication of others.

3. Suspected of infringing on others' privacy.

Personal information, as a part of privacy, is an aspect of citizens' personality rights. Selling other people's information and phone numbers is an illegal act that infringes on others' privacy.

4. Suspected of infringing on the right to personal information protection.

Personal mobile phone number, home address, medical records, occupation, etc. , are within the scope of protection. It is illegal for a business card store to leave the customer's business card at the bottom, for a company to throw away the candidate's resume, or for a hospital to disclose the patient's medical record due to poor management, and administrative, civil or criminal responsibilities will be investigated.

5. Suspected of infringing others' right to consumption freedom.

Sending spam messages to others without consent is a compulsory service acceptance in the Consumer Protection Law.

Second, the law stipulates that

civil law

Article 130 Civil subjects shall exercise their civil rights according to their own wishes without interference.

Article 990 The right of personality is the right of life, body, health, name, name, portrait, reputation, honor and privacy enjoyed by civil subjects. In addition to the personality rights stipulated in the preceding paragraph, natural persons enjoy other personality rights based on personal freedom and personal dignity.

Article 991 The personality right of a civil subject is protected by law, and no organization or individual may infringe upon it.