Stealing his wife's cell phone. Check chat records and make phone calls. Is this illegal?

Peeking at his wife's chat records is also an invasion of privacy. According to China's current legislation and relevant judicial interpretations, privacy interest is a personality interest explicitly protected by law, so if it constitutes an infringement of privacy interest, the actor should bear civil liability for infringement. Checking chat records and making phone calls are legal violations of privacy, and there is no violation of the law to protect personal privacy.

Legal analysis

Invasion of privacy According to China's current legislation and relevant judicial interpretations, privacy interest is a personality interest explicitly protected by law, so if it constitutes an infringement of privacy interest, the actor should bear civil liability for infringement. In China, there are several ways to bear the responsibility for infringing citizens' privacy: (1) Stop infringing on the victims. For the ongoing infringement, if the perpetrator is spreading the victim's private information and infringing on the victim's private life, he can request to stop the infringement to prevent the damage from happening or expanding. (2) Apologize According to the Supreme People's "Answers to Several Questions on the Trial of Reputation Rights Cases", restoring reputation, eliminating influence and apologizing can be in written or oral form, and the content must be reviewed by the people in advance. The scope of restoring reputation and eliminating influence should generally be equal to the scope of adverse effects caused by infringement. If a citizen or legal person claims compensation for the infringement of his reputation right, the infringer shall compensate the economic losses caused by the infringement; If a citizen demands compensation for mental damage, the people can make a decision according to the degree of fault of the infringer, the specific circumstances of the infringement and the consequences of mental damage to the victim. (3) The scope of compensation for the loss of privacy mainly includes two aspects: one is to compensate the victim for mental damage; The second is to compensate the victim for other losses caused by the infringement of privacy, mainly referring to property losses.

legal ground

Article 1032 of the Civil Code of People's Republic of China (PRC): Natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public.