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Is it illegal for schools to check students' mobile phone chat records?
This behavior violates students' right to privacy. 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 is 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.
The subject of the right to privacy does not include legal persons, and legal persons may have secrets that they don't want to know, such as national defense secrets and business secrets, but the secrets of legal persons generally belong to public affairs, not personal dignity.
1. Is it illegal for parents to peek at their children's chat records?
It is illegal for parents to peek at their children's chat records.
Two, China's infringement of citizens' privacy mainly in the following ways:
1, stop the infringement. For the ongoing infringement, if the perpetrator is spreading the victim's private information and infringing on the victim's private life, the victim may request to stop the infringement, so as to prevent the occurrence or expansion of the damage result;
2. apologize. Restoration of reputation, elimination of influence and apology can be carried out in written or oral form, and the contents must be reviewed by the people's court in advance;
3. compensate for the losses. The scope of compensation for the right to privacy mainly includes two aspects: first, compensation for the mental damage of the victim; The second is to compensate the victim for other losses caused by the infringement of privacy, mainly referring to property losses.
In summary, children also have the right to privacy, and it is illegal for guardians to peek at children's chat records.
Legal basis:
Article 110 of the Civil Code of People's Republic of China (PRC)
Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.
Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.
Article 990
Personality right is the right to life, body, health, name, name, portrait, reputation, honor and privacy enjoyed by civil subjects.
In addition to the personality rights stipulated in the preceding paragraph, natural persons enjoy other personality rights based on personal freedom and personal dignity.
Article 1033
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.
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