On the afternoon of October 27th, 65438/KLOC-0, Nanchang County Middle School was confiscated by xu teacher for listening to songs in class. The next day, xu teacher saw a short message attacking him on the confiscated PHS, and xu teacher found the school leader, claiming that the students had been maliciously slandered. However, Koharu, a student, raised the incident to the level of "safeguarding rights", accusing the teacher of peeking at the contents of the short message and seriously infringing on the privacy of others, and demanding that the teacher apologize publicly. (Jiangnan Metropolis Daily165438+1October 8) Regarding this matter, Yuan Junhua, director of Jiangxi Guofeng Law Firm, said: According to the regulations, PHS short messages are private letters and others have no right to open them. After students use PHS illegally in class, teachers can only take it and keep it properly. Whether the content of malicious short messages sent by students and the teacher's behavior of checking PHS short messages constitute slander and invasion of privacy is not clearly stipulated by law at present. This kind of problem belongs to the category of morality. In this regard, the author has different views. The newly revised Law on the Protection of Minors came into effect on June 1 this year. Compared with before the amendment, this law, which includes 7 chapters and 72 articles, comprehensively highlights the protection and education of minors' rights and interests from a higher and broader legal perspective. The new Law on the Protection of Minors clearly stipulates that anyone should check his diary, letters, etc. With the consent of minors. In fact, many people understand that it is illegal to open other people's letters, but electronic information has intangible characteristics, and no one knows it after reading it. The voyeur ignored his original illegal behavior. Of course, in reality, some people openly read each other's short messages, and the other party seems to have quietly accepted this habitual inspection and dared not raise any objections. More and more people are helpless. They see their self-esteem in the inspection and supervision of others, but they still don't know how to defend their self-esteem and power. It is true that it is an example for teachers to peek at students' short messages, but many parents always want to know more about their children out of concern and love, especially when they find that their children are in abnormal mood and their academic performance is declining. If children don't want to answer or always avoid it intentionally or unintentionally, parents will get the answers they want by means of hurting their children, such as peeking at their diaries, letters, text messages or eavesdropping on their phone calls, or even calling their classmates' homes directly. Parents' feelings of "looking forward to their children's success" and "looking forward to their daughters' success" are understandable. The purpose of doing this is nothing more than to know more about their children, but they don't know that it is easy to cause children's rebellious psychology. The serious consequence of parents' invasion of children's privacy is that children may commit crimes. Personally, I think it is a civil tort for teachers and parents to peek at children's text messages, which infringes on others' privacy. If there is no serious impact, it is usually an apology. For such things, children can sue the police. In real life, it is not uncommon for children to run away from home and students to leave school because of infringement of others' privacy rights. There are also many people who have been taken to court and put in prison for invading others' privacy. This has sounded the alarm for the whole society and every citizen. It's true. The teacher violated your right to privacy. The meaning of the right to privacy The right to privacy refers to a kind of personality right that the private life and private information secrets enjoyed by natural persons are protected according to law and are not illegally violated, known, collected, used and made public by others. Moreover, the right subject has the right to decide to what extent others can interfere in their private lives, whether to disclose their privacy to others, and the scope and extent of disclosure.
1. Article 40 of the Constitution of People's Republic of China (PRC) The freedom and privacy of correspondence of citizens of People's Republic of China (PRC) shall be protected by law. When public security organs and procuratorial organs check communication according to the procedures prescribed by law, no organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the needs of national security or criminal investigation.
The intransitive verb "People's Republic of China (PRC) Law on the Protection of Minors" Article 31 No organization or individual may disclose the personal privacy of minors.
No organization or individual may conceal or destroy minors' letters, diaries and emails; No organization or individual may open or consult the letters, diaries and e-mails of minors without legal capacity, except that the public security organs or people's procuratorates conduct inspections according to law in order to trace crimes.
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