Infringement form of privacy right

The acts that infringe on the right to privacy include: disturbing others' private life and peace by telephone, short message, instant messaging tools, e-mail, leaflets, etc. Entering, photographing and peeping into other people's private spaces such as houses and hotel rooms; Shooting, peeping, eavesdropping and disclosing other people's private activities; Shooting and peeking at private parts of other people's bodies; Handling other people's private information; Infringe on the privacy of others in other ways.

The following is a detailed analysis

(1) Invasion of houses. That is to say, illegally invade other people's houses, search their houses or destroy other people's living peace by other means. China's constitution, criminal law and regulations on administrative penalties for public security all stipulate that citizens' houses are inviolable, and intrusion into others' houses constitutes an infringement of privacy. Illegal entry into a house includes forced entry or secret entry into another person's house without permission.

(2) monitoring. That is, illegally monitoring and monitoring others' advance, houses, people's homes, etc., infringing on others' privacy rights. For example, install bugs in other people's phones and eavesdrop on other people's phones; Follow others to know their private secrets, etc.

(3) Stealing and opening other people's letters without permission in order to know other people's secrets and infringe on their privacy. Deliberately stealing other people's rooms, peeking at other people's private lives with binoculars or other equipment, or taking photos or videos of other people's indoor private lives without permission are all acts that infringe on others' privacy.

(4) Publicly disclose or publicize the privacy of others. This means that the wrongdoer publishes personal secrets such as others' victim records, illness history, physical defects, family life, marriage and love life without others' permission. These personal privacy include the victim's past and present privacy. The way of disclosure or publicity can be oral or written, and it can also be carried out by irregular modern communication technology and other ways that are enough for a third party to know. Disclosure or publicity of other people's privacy includes original disclosure and publicity, as well as expanding the scope of communication. For example, if a company discloses someone's private privacy in his work unit, and a newspaper reporter reports it in the newspaper after learning about it, so as to expand the scope of disclosure, then the actions of both a company and a reporter B constitute infringement on others' privacy.

The constitutive elements of infringement of privacy include:

1. Subjectivity is at fault;

second, the existence of illegal acts;

third, the damage result occurs;

fourth, there is a causal link.

what are the forms of media infringing on portrait rights?

The forms of media infringing on the right of portrait are:

(1) Improper use of other people's portraits. Improper use of other people's portraits can be divided into several situations:

First, illegal use for profit.

second, improper use of general use type. This refers to the non-profit-making use in good faith without my consent, or the improper use of the user's way and scope of use despite my consent.

(2) maliciously insulting other people's portraits. This means that the wrongdoer maliciously uglifies, defiles and damages the portrait of others.

(3) creating portraits of others without authorization.

What are the characteristics of the right to privacy

(1) The subject of the right to privacy can only be citizens, that is, natural persons, excluding the secrets of legal persons, especially corporate legal persons (in fact, commercial secrets). Trade secrets don't have the essential attributes of public interests and irrelevant group interests that privacy has.

(2) The object of privacy includes personal activities, personal information and personal fields.

(3) The scope of protection of privacy is limited by public interests.

according to the characteristics of the right to privacy, it is generally said by scholars at home and abroad that the right to privacy has the following four rights:

(1) the right to conceal privacy. The right of privacy concealment refers to the right of the right subject to conceal his privacy and not be known.

(2) the right to privacy. The right to use privacy refers to the right of natural persons to actively use their privacy to meet their spiritual and material needs.

(3) the right to maintain privacy. The right to maintain privacy refers to the right of privacy subject to maintain its inviolability, and can seek public and private remedies when it is illegally violated.

(4) privacy control. The right to control privacy means that citizens have the right to control their privacy according to their own wishes. Their privacy, in order to engage in various activities to meet their own needs. Such as using personal life information to write an autobiography, using one's own image or body for painting or photography, etc. These activities cannot be illegally interfered, but the use of privacy must not violate the mandatory provisions of the law, and must not violate public order and good customs, that is, rights must not be abused. For example, using the private parts of one's body to make obscene articles should be considered as illegal use of privacy, which constitutes an illegal act.

consequences of infringement of privacy

The consequences of infringement of reputation and privacy are to stop the infringement, restore reputation, eliminate the influence, apologize and compensate for losses. Restoration of reputation, elimination of influence and apology can be carried out in written or oral form, and the contents must be reviewed by the people's court in advance. The scope of restoring reputation and eliminating influence should generally be equivalent to the scope of adverse effects caused by infringement. At the same time, if a citizen or legal person claims compensation for the infringement of his reputation right, the infringer should compensate the economic losses caused by the infringement; If citizens claim compensation for mental damage together, the people's court may make a discretionary decision on the consequences of mental damage to the victim according to the degree of fault of the infringer and the specific circumstances of the infringement.

Legal basis:

Article 133 of the Civil Code of the People's Republic of China

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

(1) Disturb the private life of others by means of telephone, short message, instant messaging tools, e-mail, leaflets, etc.;

(2) entering, photographing and peeping into other people's private spaces such as houses and hotel rooms;

(3) Shooting, peeping, eavesdropping and disclosing other people's private activities;

(4) Shooting and peeking at private parts of other people's bodies;

(5) handling other people's private information;

(6) Infringe upon others' right to privacy in other ways.

Law of the People's Republic of China on Public Security Administration Punishment

Article 42 Whoever commits one of the following acts shall be detained for not more than five days or fined not more than 5 yuan; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 5 yuan: (1) writing threatening letters or threatening the personal safety of others by other means;

(2) publicly insulting others or fabricating facts to slander others;

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or punishment by public security administration;

(4) threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) sending obscene, insulting, threatening or other information for many times, which interferes with the normal life of others;

(6) peeping, taking candid photos, eavesdropping or spreading others' privacy.