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Harassed by spam messages
According to the provisions of the Civil Law, natural persons have the right to privacy, and no organization or individual may invade others' privacy by spying, invading, exposing or making public.
1. What is privacy?
Privacy represents the quiet private life of each of us, as well as private space, private activities and private information that we don't want to be known by others.
2. What privacy rights do natural persons enjoy? Protect what privacy?
Combined with the Civil Code, it can be seen that the invasion of privacy generally takes the following forms:
Examples of judges:
Xiaohua is going to buy a house. In order to find a house, she registered a user on an intermediary platform. As a result, she frequently received harassing messages, spam messages and various advertisements, which made her exhausted.
The Civil Code stipulates the name, date of birth, ID number, biometric information, address, telephone number, e-mail, health information, whereabouts information and so on. It's all personal information. It's all protected by privacy. The intermediary platform violates the principle of personal information processing in civil law, and collects, obtains or uses Xiaohua's personal privacy information without consent, which infringes on Xiaohua's private life and may constitute an infringement of privacy. Xiaohua can ask intermediary platforms and related enterprises to delete personal information including their own phone numbers.
(2) Entering, taking photos or peeping into other people's private spaces such as houses and hotel rooms;
Examples of judges:
Obana's friend went on a trip. When she checked into the hotel, she found that there were miniature cameras on the ornaments and decorations in the room. The hotel owner argued that the camera was only to prevent guests from damaging the property in the room. Is it illegal to install cameras in hotels?
(3) Shooting, peeping, eavesdropping or publicizing other people's private activities;
In the course of litigation, the court will not accept the case of secretly filming and recording evidence for the purpose of collecting evidence, or obtaining evidence by infringing on other people's major civil rights and interests, or obtaining evidence in a way that violates public order and good customs.
(4) Shooting or peeping at the private parts of others' bodies;
Everyone's body parts are private and have the right not to be seen by others. An illegal person who shoots another person's private parts may violate the Law on Public Security Administration Punishment and be punished by administrative detention.
(5) handling other people's private information;
Previously, a large number of celebrity "photos of health treasures" were leaked online, and many celebrities' nucleic acid test results, photos without makeup, ID numbers and other information were widely circulated. Some people even packaged the information and sold it at the price of 2 yuan. Does this behavior violate the privacy rights of celebrities?
3. How to protect rights when privacy is violated?
Therefore, when the right to privacy is violated, we must bravely stand up and safeguard the legitimate rights and interests.
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Related Q&A: Related Q&A: What do you think about how to deal with harassing text messages? Thank you for your invitation. Computer Matters answers this question for you!
1. First, let's look at the characteristics of harassing text messages:
Harassment messages generally have the following characteristics:
(1) General SMS harassment without the consent of the receiver is unilaterally released without the prior consent of the SMS receiver;
(2) Infringe on the legitimate rights and interests of the recipient: infringe on a series of rights such as the communication freedom of the short message recipient without the consent of the recipient;
(3) Illegality: The content of short messages violates the prohibitive provisions of laws and regulations, such as false and fraudulent advertisements, pyramid schemes, harassment, pornography and feudal superstitions.
Spam messages prohibited by this kind of legislation can be intercepted or reported by some mobile phone protection software.
2. For harassing short messages that have not brought us substantial harm, we can take measures such as ignoring and blocking, such as messages sent by some shopping stores.
3. For short messages with threats of personal attacks or sexual harassment, measures such as bringing them into the law and calling the police can be taken to stop the other party from harassing short messages.
Finally, may we all live happily ~
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