Is it illegal for a school to check the privacy of students’ mobile phones?

It is illegal for schools to check the privacy of students’ mobile phones.

This behavior violates students’ privacy rights. The right to privacy refers to a personality right in which citizens enjoy peace of private life and their private information is protected in accordance with the law from illegal intrusion, knowledge, collection, use and disclosure by others. The right to privacy gives rights holders the right to control their private lives. This control includes the right to prevent others from stealing personal privacy and the right to decide whether to disclose privacy to others and the scope of disclosure. Common types of privacy rights include the right to freedom of personal life, the right to information confidentiality, the right to confidentiality of personal communications, and the right to use personal privacy.

How to define privacy violations:

1. Illegal acts that violate privacy rights. First of all, the behavior that infringes on the right to privacy must be illegal;

2. The fact of the damage to the right to privacy. Privacy is a kind of information, an activity, a spatial domain, and a state of secrecy. Damage to privacy manifests itself as privacy being spied upon, monitored, invaded, published, disturbed, and interfered with;

3. The cause and effect of privacy infringement. It refers to the inherent, inevitable and regular connection between the illegal behavior that infringes on privacy rights and the fact of privacy damage;

4. The subjective fault of infringing on privacy rights. The perpetrator who violates privacy rights must be subjectively at fault. It is mainly intentional, that is, foreseeing the consequences of infringing on privacy rights but hoping or allowing such consequences to occur.

To sum up, the subject of privacy rights does not include legal persons. Legal persons will also have secrets that they do not want others to know, usually in the form of national defense secrets, commercial secrets, etc. However, the secrets of legal persons generally belong to the public*** affairs of the field, rather than the content of the human dignity of the individual.

Legal basis:

Article 1032 of the "People's Republic of China and Civil Code"

Natural persons enjoy the right to privacy. No organization or individual may infringe on the privacy rights of others through spying, intrusion, leakage, disclosure, etc.

Privacy is a natural person’s private life and peace, and the private space, private activities, and private information that he does not want others to know.

Article 1033

Unless otherwise provided by law or with the express consent of the right holder, no organization or individual may commit the following acts:

( 1) Intruding on the private life and peace of others through phone calls, text messages, instant messaging tools, emails, flyers, etc.;

(2) Entering, photographing, and peeping into other people's homes, hotel rooms and other private spaces;< /p>

(3) Photographing, peeping, eavesdropping, and disclosing the private activities of others;

(4) Photographing, peeping at the private parts of others’ bodies;

(5) Process other people’s private information;

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