Relevant laws of personal privacy right

Privacy refers to a kind of personality right that citizens enjoy the peace of private life, and private information is protected according to law, and they are not illegally harassed, informed, collected, used and made public by others. The right to privacy gives the obligee the right to control private life, including the right to prevent others from stealing personal privacy and the right to decide whether to disclose privacy and the scope of disclosure to others. The common types of privacy right include personal life freedom right, information secret right, personal communication secret right and personal privacy utilization right. There are legal provisions on personal privacy in many laws, mainly including the following categories: Constitution, Criminal Law, Civil Code and Law on the Protection of Minors.

Legal basis: Constitution

Article 38 The personal dignity of People's Republic of China (PRC) citizens shall be inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way.

form

Article 39 The residences of People's Republic of China (PRC) citizens shall be inviolable. It is forbidden to illegally search or illegally invade citizens' houses.

form

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.

criminal law

Article 245 Whoever illegally searches another person's body or residence, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.

criminal law

Article 246 Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.

criminal law

Article 252 Whoever conceals, destroys or illegally opens other people's letters and infringes upon citizens' right to freedom of correspondence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.

criminal law

Article 253 Postal personnel who open, conceal or destroy mail and telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Whoever commits the crime of stealing property mentioned in the preceding paragraph shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.

civil law

Article 1032 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.

Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.

civil law

Article 103 Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may commit the following acts:

(a) by telephone, SMS, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;

(2) Entering, taking photos or peeping into other people's private spaces such as houses and hotel rooms;

(3) Shooting, peeping, eavesdropping or revealing other people's private activities;

(4) Shooting or peeping at the private parts of others' bodies;

(5) handling other people's private information;

(6) Infringe upon the privacy of others in other ways.

civil law

Article 1034 The personal information of natural persons is protected by law.

Personal information is all kinds of information recorded electronically or in other ways that can identify a specific natural person alone or in combination with other information, including natural person's name, date of birth, ID number, biometric information, address, telephone number, e-mail address, health information, whereabouts information, etc.

The privacy information in personal information shall be subject to the provisions on privacy; If there are no provisions, the provisions on the protection of personal information shall apply.

Protection of minors

Article 39 No organization or individual may disclose the personal privacy of minors.

No organization or individual may conceal or destroy minors' letters, diaries and emails; In addition to the need to trace crimes, public security organs or people's procuratorates shall conduct inspections according to law;

Or letters, diaries and e-mails of minors without capacity for conduct are opened or consulted by their parents or other guardians, no organization or individual may open or consult them.