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What rights of mobile phone users have been violated by spamming short messages?
1, suspected of infringing others' right to peace. Spam messages are characterized by harassing others and affecting their peace of life. Although this behavior did not cause damage to property or people, it did cause mental damage to the victim, that is, damage to personality interests or personality rights. Therefore, it meets the constitutive requirements of tort.
2. Suspected of infringing upon others' right to freedom of communication. For spam and its senders, end users usually don't want to receive and communicate with them. Therefore, the act of sending spam messages should be an act of infringing on the freedom of communication of others.
3. Suspected of infringing on others' privacy. Personal information, as a part of privacy, is an aspect of citizens' personality rights. Selling other people's information and phone numbers is an illegal act that infringes on others' privacy.
4. Suspected of infringing on the right to personal information protection. Personal mobile phone number, home address, medical file, professional identity, etc. in the expert proposal draft of the Personal Information Protection Law. Are within the scope of protection. It is illegal for a business card store to leave the customer's business card at the bottom, for a company to throw away the candidate's resume, or for a hospital to disclose the patient's medical record due to poor management, and administrative, civil or criminal responsibilities will be investigated.
5. Suspected of infringing others' right to consumption freedom. Sending spam messages to others without consent is a compulsory service acceptance in the Consumer Protection Law.
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