Whether communication records belong to communication secrets.

Belongs to citizens' communication secrets. Communication secret refers to citizens' communication (including telegram, telex, telephone and mail), and others may not conceal, destroy, open or eavesdrop. Hide or destroy letters, telegrams, etc. It is an infringement on citizens' freedom of communication; Reading emails or eavesdropping on citizens' telephone calls and other communication content is an act of infringing citizens' communication secrets. However, in order to protect the interests of most people in society and crack down on crimes, public security organs and procuratorial organs can inspect citizens' communication contents according to law, so as to maintain social order and ensure national security. However, this kind of prosecution should have strict procedural control so that it will not be used for other non-judicial purposes.

Freedom of communication refers to the freedom of citizens to communicate with others independently by means of letters, telephones, telegrams, faxes and emails. Communication secret refers to the contents of letters, telephones, telegrams and emails that citizens communicate with others. No individual, organization or unit has the right to illegally interfere, peep, conceal, tamper with, abandon, detain, confiscate, disclose or eavesdrop. Freedom of communication and communication secrets are interrelated and inseparable, and are usually called freedom of secret communication. Only the right to freedom of communication, communication secrets can not be protected, then the right to freedom of communication can not be realized. If there is only the right of communication secret without protecting the freedom of communication, then communication secret is meaningless. Of course, there are some differences between freedom of communication and communication secrets, mainly because freedom of communication emphasizes that the right of communication is protected by law and belongs to the category of freedom of expression; Communication secrets emphasize that communication content is not disturbed, and more belong to the category of privacy.

Freedom of communication and communication secrets are very important constitutional rights of citizens, and the core lies in protecting citizens' right to privacy. All countries protect the freedom and privacy of communication as an important constitutional right, because it belongs to the freedom of two or more people to exchange opinions in secret, and no one can violate it. The situation in modern society is extremely complicated. In order to achieve a satisfactory life, human beings collude with like-minded people, and it is inevitable that there are many secrets that cannot be revealed. If they are invaded by others and exposed to the world when exchanging secrets with each other, their personal lives will be adversely affected. It can be seen that citizens' freedom of spiritual activities and citizens' right to privacy are of great significance for realizing other rights and freedoms of citizens and for realizing people's own development. Without the freedom and privacy of spiritual activities, it is actually equivalent to keeping all human activities in broad daylight at all times, so that human freedom and dignity no longer exist, and communication freedom and communication secrets are very important barriers to protect citizens' spiritual freedom and privacy. The basic intention of this article on citizens' freedom and privacy of communication is to protect citizens' spiritual freedom and privacy, so as to safeguard human dignity and freedom, further realize citizens' other rights and freedoms and promote their own development.

With regard to freedom of communication and communication secrets, it is important to emphasize the meaning of communication secrets. According to the provisions of this article, the understanding of communication secrets should be carried out from the following aspects:

First, the subject who enjoys the right of communication secrets should belong to individual citizens, not to relevant units and organizations. The communication secret stipulated in this article is to protect the privacy of citizens, and the communication secret of the relevant unit or organization belongs to the scope of state secrets or business secrets.

Second, the information protected by communication secrets includes both undisclosed information that citizens should not disclose according to law in communication and undisclosed information that has been disclosed but should be protected by law.

The third is the scope of communication secrets, including not only communication contents, but also materials related to communication contents. Communication methods include postal communication and telecommunication communication. Among them, the scope of postal communication secrets not only includes the contents of paper letters, but also includes postal code, sender, recipient, mailing address and other information related to letters.

The scope of telecommunication secrets includes not only the contents of telegrams, telephones, pagers and e-mails, but also the calling number, called number, contact time, call times, call place and other communication-related information.

Legal basis:

Constitution of the people's Republic of China

Fortieth the freedom and privacy of communication between the people of China and the 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.