This depends on whether it has caused any harm, and if it has not, it is not an infringement.

The right of personal privacy in cyberspace mainly refers to "a kind of personality right that citizens enjoy the peace of private life and private information on the Internet and are protected according to law, so as not to be illegally violated, known, collected, copied, made public and used by others; It also means that it is forbidden to disclose some sensitive information related to individuals on the Internet, including facts, images and damaged opinions! ! !

Our country's laws don't stipulate the right to privacy. According to judicial interpretation, in our country's legal practice, we usually protect individual's right to privacy in the form of protecting reputation. Is it a violation of others' privacy to peek at others' QQ chat records

Yes, the chat records are all private and exclusive, and you can't view them, let alone change them. Is it a violation of your privacy

You can choose to report the case to the public security organ or directly sue the court. You can ask the other party to stop the infringement, apologize and compensate for the mental loss. Is peeking at chat records an invasion of privacy?

it's a violation of your privacy if someone peeks at your QQ chat history.

It has had a great impact on your work and life. You can sue, and you need audio, video, written and personal evidence.

The law says that all people are equal in fact as far as the evidence you provide can prove.

Litigation is the last choice. Does the boss peek at the employee's chat records violate the right to privacy?

The right to privacy refers to a kind of personality right that the private life and private information secrets enjoyed by natural persons are protected according to law, and they are not illegally invaded, informed, collected, used and made public by others. Moreover, the right subject has the right to decide to what extent others can intervene in their private lives, and whether they can disclose their privacy to others and the scope and extent of disclosure. Privacy, as a basic personality right, refers to a kind of personality right that citizens "enjoy the peace of private life and the protection of private information according to law, and are not illegally harassed, informed, collected, used and made public by others."

does one of my classmates post the chat records of my friends and others on the Internet, which is an infringement of others' privacy?

Yes, this is wrong, let alone the classmate relationship. Even the father-son relationship cannot infringe others' privacy. The victim can file a lawsuit with the people's court to protect his legal rights and interests. Is synchronous chat recording an invasion of others' privacy?

Talking about the case of infringement of privacy

—— Take a medical infringement dispute case as an example

(Nanjing Hohai University Jin Kaitao)

Case review: A patient with medical skin disease turned to the hospital for help because he was afraid of affecting his appearance. He was discharged after being treated and recovered by the hospital. During the treatment, the hospital tracked the whole process and took relevant photos, but Patient A didn't know. After a period of time, the attending physician in this hospital wrote an article about it, which used the photo of patient A and published it in a medical journal. Later, it was accidentally discovered by A's family.

discussion question: did the hospital doctor violate the civil rights of patients? What responsibilities should magazines and doctors bear?

Brief analysis: It is obvious that patient A with dermatosis in this case has been infringed on his civil rights, and there are more than one civil right infringed. The author believes that the portrait right and privacy right of Patient A have been violated. However, Case A suffered from a skin disease that seriously affected her appearance. Taking photos during the treatment and publishing them in magazines seriously affected her public image and physical and mental health, and seriously violated her privacy. As for the infringement of the patient's portrait right, this article will not discuss it.

first, make clear the definition of privacy in Chinese laws and regulations.

When the General Principles of the People's Republic of China and the Civil Law of the People's Republic of China was formulated in 1986, legislators did not fully understand the right to privacy, so in this law, only the right to life and health, the right to name, the right to name, the right to portrait, the right to reputation and the right to honor were stipulated, but the right to privacy was not stipulated as a citizen's personality right. Therefore, the Supreme People's Court's Opinions on Several Issues at that time classified the right of privacy into the category of reputation. Not long after the publication of the General Principles of Civil Law, people realized this problem. In the contemporary society where countries all over the world have recognized the right to privacy, it is a serious mistake that civil legislation does not stipulate the right to privacy. It can be said that the civil legislation that lacks the protection of privacy, no matter how perfect the other contents are, can not be said to be a perfect legislation, and it is flawed for the perfect protection of citizens' personal rights.

In the Tort Liability Law of the People's Republic of China, which was passed on December 26th, 29, the right to privacy appeared in legal documents for the first time, indicating that the protection of the right to privacy in China has risen to a new height. In this case, the hospital took photos without the patient's knowledge, which violated the patient's right to privacy, and then the doctor published an article to disclose the patient's privacy and violated his right to privacy.

In theory, there are many views on the definition and content of the right to privacy.

first, the right to conceal. The word "concealment" in the right to privacy means concealment, and concealing personal information is the most important manifestation of the subject's domination of personal privacy information. Therefore, the primary content of the right to privacy is the right to conceal. However, this right of concealment should be limited to information that is harmless to society, and it is a limited right of concealment.

second, the right to use. Subjects have the right to use their private information in various legal ways. For example, write a novel based on your personal experience, fill in personal information to apply for a credit card, and use numbers such as birthday and age as the password of your account.

third, the right to know. Privacy is an absolute right, so whether the subject knows part of his privacy information will not affect the existence of privacy. If I don't know my life experience, others may not disclose it at will. However, due to this dominance, the subject should have the right to know these private information, and no one should hinder the subject from exercising the right to know.

fourth, the right of maintenance. When the information is legally obtained by others, the subject still enjoys the right to prove that the personal information is true, complete, accurate and safe. Therefore, the privacy holder can view his personal information and enjoy the right to modify or delete the wrong information and ask the acquirer to take security measures.

fifth, the right of disposition. The punishment of the right to privacy can be realized by giving up the right to privacy, such as disclosing private information. Openness should be made to an unspecified person or made public to the society through a specific person. It doesn't mean punishment to disclose it to certain people but not to the public. After the disclosure of private information, this part of information will be transformed into ordinary information, and there is no problem of privacy. In addition, the right to privacy is related to the personality of a specific subject < P > Secondly, it briefly analyzes the constitutive elements of infringement of privacy.

As the right to privacy protected by the Tort Liability Law, the constitution of the right to privacy infringement, like other civil rights, must include the general elements of the tort liability, namely, subjective fault, illegal act, damage fact and causality.

1. Subjectivity is at fault. Infringement of privacy is a general tort, which requires the perpetrator to be subjectively at fault to constitute tort liability, and the form of fault affects the liability of the infringer. In this case, the hospital of traditional Chinese medicine privately took photos of patients with skin diseases without the patient's knowledge. Knowing that this kind of filming behavior will infringe on the privacy of patients' personality rights, it is obvious that the hospital has certain subjective faults; In addition, the photos were published in magazines by doctors as medical papers, which made the infringing photos continue to spread publicly, and these serious violations of patients' privacy rights occurred again. The main body of infringement, hospitals and doctors, have subjective faults.

second, the existence of illegal acts. The act of infringing on others' privacy is illegal because it directly violates the law. Privacy is an absolute right, which has universal effect on the world. It requires any unspecified person to have the obligation not to invade others' privacy, and acts that violate this obligation are included in the invasion of privacy, unless there is a legitimate defense. Usually, this kind of invasion is expressed in the form of behavior, and it is not necessary to disclose others' privacy. Basically, it can be summarized into two categories: the behavior of invading private space and the behavior of infringing private information. In this case, the private photos taken by the hospital and the photos published by the doctor in the magazine are all acts that infringe on the right to privacy. Article 2 of China's Tort Liability Law expressly stipulates the right to privacy, and if the said civil rights and interests are infringed, the tort liability shall be borne according to this law. Therefore, there is a clear violation of the tort in this case.

third, the damage results. Damage is the result of tort. As a factual state, there are three main manifestations: property loss, damage to personal interests and mental pain. Infringement of privacy is not directly linked to property interests, and sometimes even no property interests are damaged at all. What is impacted is often the damage of personality interests, usually accompanied by mental pain. Of course, this does not deny the economic losses caused by the damage to privacy. Generally speaking, as long as there are facts that infringe on legal rights, even if the consequences of the infringement are difficult to detect or prove, it can constitute damage in tort law. It is difficult to quantify the damage consequences of privacy, a spiritual personality right, and it is difficult to prove the specific personality damage of the victim, but this does not prevent the existence of damage facts. After the photos of patients with dermatosis were made public, the personal interests of patients were seriously damaged, and the mental pain and damage results obviously occurred.

fourth, there is a causal link. Causality in tort law lies in determining the relationship between the behavior of the actor and the result, and there is often a direct correlation between the behavior of infringing on privacy and the fact of damage. The consequence of infringing on privacy is the "overflow" of the right holder's self-control information and the intrusion of private life, which is caused by the infringement. In this case, the hospital of traditional Chinese medicine took photos of patients in the process of diagnosis and treatment, and infringed on patients' portrait rights and privacy rights, which made the photos later published in medical magazines. The shooting behavior of the hospital and the behavior of doctors to disclose photos were directly causal with patients' privacy exposure and mental damage.

Finally, it expounds the responsibility of infringing privacy.

The tort in this case should include two parts, namely, the act of taking photos in the hospital during the diagnosis and treatment without the patient's consent or knowledge, and the act of publishing public medical papers by doctors. As for the magazine, there is no obvious subjective fault. In view of the particularity of publishing medical papers, the magazine is exempted from being held accountable. Hospitals are obliged to diagnose and treat patients' diseases, and get involved in patients' privacy within the scope permitted by medicine. However, there is no logical correlation between taking photos and diagnosing and treating skin diseases in this case, which leads to the hospital's illegal infringement. This paper has elaborated the establishment of the constitutive elements of taking photos in hospitals for patients' invasion of privacy. Therefore, the hospital should bear tort liability for patients, and this article will not elaborate on how to quantify the size of the liability. Later, doctors used the photos of patients without authorization in the form of medical papers and published them in magazines, which made the photos of patients spread unrestricted, and the readers of medical magazines were unknown. Therefore, the spread of the photos had a great social impact, which caused serious mental loss and personal reputation infringement to patients. Therefore, doctors should bear the corresponding tort liability to patients, give objective spiritual comfort and substantially reduce the scope of magazine dissemination, so as to reduce the damage results as much as possible.

Reference article:

Du Lun: An Analysis of the Protection of Chinese Citizens' Privacy

Jiang Peng: My Opinion on Hospital Invading Patients' Privacy —— A Discussion with Mr. Zhu Xiaodong

Du Dian and Sun Honghui: Legal Thinking on the Protection of Privacy

Wang Liming and Yang Lixin: Tort Law, No.1 in December 1996. Privacy refers to the right of citizens not to disclose or let others know their personal secrets. Why open the chat records with others on the Internet will infringe on others' privacy < P >! ! ! Open other people's letters privately, peek at other people's diaries, spy on other people's private documents, and make them public.

divulging personal information of citizens or making it public or expanding the scope of publicity.

Collecting purely personal information that citizens don't want to disclose to the public

Personal privacy in cyberspace mainly refers to "a personality right that citizens enjoy the peace of private life and private information on the Internet and are protected according to law, and are not illegally infringed, known, collected, copied, disclosed and used by others; It also means that it is forbidden to disclose some sensitive information related to individuals on the Internet, including facts, images and damaged opinions! ! !

In the current laws of our country, there is no explicit clause referring to the word privacy.

According to China's national conditions and relevant information abroad, the following acts can be classified as infringement of privacy:

1. Publicizing a citizen's name, portrait, address and telephone number without his permission.

2. Invade or search other people's houses illegally, or otherwise disturb other people's living peace.

3. Illegally stalking others, monitoring their residences, installing eavesdropping equipment, taking private photos of others' private lives, and spying on others' indoor conditions.

4. Illegally spying on other people's property status or publishing their property status without their permission.

5. Open other people's letters privately, peek at other people's diaries, spy on other people's private documents and make them public.

6. Investigate and spy on other people's social relations and make them illegal.

7. Interfere with the sexual life of other couples or investigate and publish them.

8. Make others' extramarital sex life known to the public.

9. divulge citizens' personal materials or make them public or expand the scope of publicity.

1. Collect purely personal information that citizens are unwilling to disclose to the public.

the right to privacy should belong to the category of civil law. Strictly speaking, there is no real civil code in China at present. We can call it General Principles of Civil Law. However, because China's General Principles of Civil Law is a basic civil law, which regulates the basic norms of civil activities, it can also be said that the General Principles of Civil Law is a formal civil law.

1 Definition of privacy

Personal privacy

refers to the secrets in the process of personal physical, psychological and social communication. (individual's unique physiological characteristics, psychological activities, diaries, telephone calls, letters, and personal activities in his own house, etc.)

2 Privacy

As a basic personality right, privacy refers to a personality right that citizens "enjoy the peace of private life and private information to be protected according to law, and will not be illegally harassed, informed, collected, utilized and made public by others."

3 Internet privacy

Personal privacy in cyberspace mainly refers to "the peace of private life and private information enjoyed by citizens on the Internet are protected according to law, and they are not illegally violated, known, collected and copied by others.