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How to deal with bank information leakage
Based on the absolute monopoly position and business relationship, the defendant telecom company in this case should abide by the relevant laws and regulations and abide by the confidentiality obligation of the business service agreement when mastering the private information of the plaintiff and other telecom users; However, without the permission of the plaintiff, the two defendants advertised with a large amount of customer privacy information as a gimmick, and published and distributed the Directory of Telecom Hometown Network in Chen Dong Town, Rugao City without authorization, which contained the plaintiff's name, fixed telephone number and especially home address. Their actions have violated the privacy rights of plaintiffs and telecom users.
Fourth, Article 15 of the Tort Liability Law of People's Republic of China (PRC): The main ways to bear tort liability are: stop the infringement; Remove obstacles; Eliminate danger; Apologize and so on.
Fifthly, Article 22 of the Tort Liability Law of People's Republic of China (PRC) stipulates that if the personal rights and interests of others are infringed and serious mental damage is caused to others, the infringed person may request compensation for mental damage. Personality right is divided into material personality right and spiritual personality right. Spiritual personality rights and interests refer to the personality rights and interests enjoyed by natural persons on their own spiritual personality elements. In view of the fact that this kind of personality right is difficult to externalize and there are individual differences, we should comprehensively consider the subjective state of the infringer, the means of infringement, the occasion, the behavior and mental state of the infringed person and the printing scope when determining whether it meets the standard of seriousness.
The circumstances of infringement are bad
The consequence of invading privacy is that personal secret information is exposed, made public and interfered. Because information is intangible, the consequences of infringement of privacy are not as objective and external as those of objective material infringement. The mental damage caused by the invasion of privacy is the abnormal psychological emotions such as humiliation, pain, anxiety and worry because the victim's privacy is known by others.
Sue him with the above points. Use privacy.
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