Does taking pictures of passers-by violate the right to portrait?

Whether shooting passers-by violates the right to portrait needs to be judged according to the specific circumstances, as follows:

1. If you just take a photo of yourself in the background of passers-by, it is not an infringement of portrait rights;

2. According to the relevant laws and regulations of our country, it is illegal to use another person's photo as an avatar without others' consent, and the infringed can ask the infringer to eliminate the influence. The act of using a portrait without the consent of the portrait owner is also called "improper use of another person's portrait". Malicious insult and uglification of portraits of others. The actor maliciously insults, vilifies, defaces or destroys the integrity of another person's portrait. Including altering, distorting, burning, tearing up or hanging upside down other people's photos, such acts not only constitute an infringement of the right of portrait, but also an infringement of the right of reputation.

The responsibilities of a photographer are as follows:

1, administrative responsibility. According to the provisions of the "People's Republic of China (PRC) Public Security Administration Punishment Law", voyeurism, sneak shots, eavesdropping and spreading others' privacy are violations of personal rights, and they are detained for less than five days or fined less than 500 yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan;

2. Civil liability. The main ways to bear civil liability are:

(1) Stop the infringement;

(2) remove obstacles;

(3) eliminate the danger;

(4) returning property;

(5) restitution;

(6) Repair, rework and replacement;

(7) continue to perform;

(8) Compensation for losses;

(9) Pay liquidated damages;

(10) Eliminate influence and restore reputation;

(1 1) Apologize. Where the law provides for punitive damages, such provisions shall prevail. The ways of bearing civil liability as stipulated in this article can be applied separately or in combination.

Legal basis: Article 1033 of the Civil Code of People's Republic of China (PRC).

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 or peeping into other people's private spaces such as houses and hotel rooms;

(3) Shooting, peeping, eavesdropping or revealing other people's private activities;

(4) Shooting or peeping at the private parts of others' bodies;

(5) handling other people's private information;

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

Article 1034

Personal information of natural persons is protected by law.

Personal information is all kinds of information recorded electronically or in other ways that can identify a specific natural person alone or in combination with other information, including natural person's name, date of birth, ID number, biometric information, address, telephone number, e-mail address, health information, whereabouts information, etc.

The privacy information in personal information shall be subject to the provisions on privacy; If there are no provisions, the provisions on the protection of personal information shall apply.