Is it illegal to disclose WeChat chat records (is WeChat chat records legal)?

At the moment when interactive media on the Internet is highly developed.

We can often be on platforms such as Weibo or friends circle.

Look at screenshots of various chat records.

And triggered a large number of netizens to leave a message for discussion.

This also reminds us.

In recent years such as

Chat record, telephone recording

wait for

It's possible that if you don't know

Become a sword in the hands of a willing heart.

The network broke the news one after another.

It is imperative to protect the right of network privacy.

therefore

What are the infringements?

Where is the boundary?

How can we rationally safeguard rights?

For your own network information security.

This one

Safety Guide to Surfing the Internet

Be sure to watch it!

Is it illegal to dry chat records?

Case 1 Huang is a student in a university in Hubei, and he met Liu through Baidu Post Bar. One day in June, 20 19, Liu posted photos containing Huang and vulgar remarks related to Huang in a university bar in Hubei. On the day of posting, Liu negotiated with Huang through QQ private chat and made unreasonable demands to Huang. After being rejected by Huang, Liu exposed the chat record, QQ, phone number and name. To this end, Huang sued the court, demanding that Liu immediately stop infringing on the right of reputation, apologize in writing, eliminate the influence and restore his reputation, and at the same time demand compensation of 88,000 yuan for mental loss. After trial, the court held that Liu's behavior had violated relevant laws and regulations and constituted an infringement of the right to reputation and privacy.

Although it is a virtual space on the network.

But it is not an extra-legal place.

Publicizing other people's privacy, threatening extortion.

Obviously it is infringement.

Tips for popularizing law

Article 1033 of the Civil Code of People's Republic of China (PRC):

Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may commit the following acts:

Interfere with other people's private lives through telephone calls, text messages, instant messaging tools, e-mails, leaflets, etc. ;

Entering, taking photos and peeking into other people's private spaces such as houses and hotel rooms;

Shooting, peeping, eavesdropping and revealing other people's private activities;

Shooting and peeping at other people's private parts;

Handling other people's private information;

Invade the privacy of others in other ways.

Little friends must remember.

If you find that your personal information has been stolen

A person's reputation and interests have been violated.

Don't panic.

but

Pick up legal weapons.

Defend one's rights and interests bravely

Is your "specific privacy" recognized by law?

Case 22065438+In April 2009, Mr. Zhao met Ms. Ding. Determine the relationship in the same year. In August of the same year, Ms. Ding discovered that Mr. Zhao was married. Mr. Zhao said that he would divorce his wife, but Ms. Ding believed it. At the beginning of 2020, Ms. Ding was hospitalized due to pregnancy. Mr. Zhao wants to break up with Ms. Ding, and promises to compensate 6.5438+0 million yuan, and issue an IOU. Since Ms. Ding has never received the compensation, in a rage, she came to Mr. Zhao's company and posted the IOUs and their WeChat chat records on the glass of her company. Mr. Zhao believes that Ms. Ding's behavior has violated her right to reputation and privacy and asked Ms. Ding to make compensation. The court held that Mr. Zhao was married, but he made friends on the online dating service and had an affair with Ms. Ding, which violated the loyalty obligation of husband and wife, social public order and good customs, and harmed the interests of social groups. Therefore, the protection of Mr. Zhao's right to privacy should be limited.

Friends may ask

Ms. Ding's behavior

Why does it not constitute an invasion of privacy?

I would like to remind everyone here.

Legal protection is not absolute and unconditional.

But "there is a threshold"

Events that have a negative impact on society.

The law will only give it limited protection.

Tips for popularizing law

Article 8 of the Civil Code of People's Republic of China (PRC) stipulates:

Civil subjects engaged in civil activities shall not violate the law or public order and good customs.

Article 1036 of the Civil Code: When an actor handles personal information, he shall not bear civil liability under any of the following circumstances:

Acts carried out reasonably within the scope agreed by natural persons or their guardians;

Reasonably handle information voluntarily disclosed by natural persons or other information that has been disclosed according to law, except that natural persons explicitly refuse or handle the information that infringes upon their vital interests;

Other acts reasonably carried out to safeguard public interests or the legitimate rights and interests of natural persons.

Little friends should remember.

Legal boundaries are irreversible.

Self-examination method is not advisable.

Safeguarding rights and interests depends on oneself

Don't record at will, pay attention to the choice of occasion.

Case 3 days ago, the Xishan District People's Court of Kunming City mediated a private lending dispute. The plaintiff claimed that he had repeatedly failed to collect debts from the defendants Chen Moumou and Yin Mou. In the process of court mediation, Yin was afraid that the judge would be partial to Chen Mou, regardless of dissuasion, recorded the audio and printed it into words a few days later. The court held that during the mediation process, Yin used his mobile phone to record the mediation process without the permission of the court judge, and copied the recording into a CD-ROM and arranged it into written materials, which violated the relevant provisions of the law and should be punished. Considering that Yin could recognize the illegality of his behavior and expressed his willingness to abide by the law in future lawsuits, the court decided to fine Yin 5,000 yuan.

We need to know

In the process of court mediation

There is a big taboo.

without approval

No audio recording, video recording or photography.

If you need audio and video recording,

You need to apply in advance and get the permission of the court.

Tips for popularizing law

Article 17 of the Rules of the People's Court of People's Republic of China (PRC) stipulates that

During the trial, all personnel are not allowed to record, video, take photos or use mobile communication tools to spread the trial activities; Media reporters are allowed to engage in the acts specified in the fourth paragraph, but they shall do so at the designated time and area, and shall not affect or interfere with the trial activities.

_ suggestions

1. The Internet is not illegal in other places, so you should pay attention to your words and deeds.

In the era of "Internet", although the Post Bar is a virtual space, it is not a place of extra-legality. Citizens also need to abide by national laws and regulations in cyberspace such as post bars, friends circle and Weibo, and can't do whatever they want. Anyone who disseminates or publishes other people's privacy materials or discloses other people's privacy in written or oral form by means of the Internet, which damages the reputation of others, constitutes an infringement of the right of reputation and shall bear corresponding legal responsibilities.

2. Three elements of infringement, so ask for help.

Deliberately or negligently revealing others' privacy.

Privacy infringement requires the actor to have subjective fault, and the subjective fault of the infringer will also affect the tort liability.

Commit the illegal act of revealing others' privacy.

Invasion of others' privacy mainly includes intrusion, monitoring, surveillance, spying, search, interference, disclosure, public publicity and so on.

The damage has occurred and has a causal relationship with the illegal act.

Damage is the result of tort, which is mainly manifested in property loss, personal interest damage and mental damage. However, it should also be noted that the liability for damages or other tort liability also requires a causal relationship between the damage result and the illegal act, that is, whether the exposure behavior leads to the "overflow" of the right holder's self-control information and the intrusion of private life. If the causal relationship is established, then the exposed person shall be liable for tort damages.

There is a "threshold" for legal protection, and legitimate rights and interests are protected.

The protection of the right to privacy in our country's laws generally requires that the right to privacy should be legal, and should not harm the public interests or violate public order and good customs. The protection of privacy by law is not absolute and unconditional, but has certain limits and boundaries. Therefore, not all "privacy" and "private affairs" deserve legal protection.

With the code in hand, I am best at defending rights.

Cyberspace is our home.

Remember that neighbors should live in harmony.