Question 1: What legal provisions introduce the right to privacy? Relevant legal documents include:
1. Article 38 of the Constitution of the People's Republic of China. Personal dignity shall not be violated.
2. Article 101 of the General Principles of the Civil Law: Citizens and legal persons enjoy the right to reputation, and the personal dignity of citizens is protected by law. It is prohibited to use insults, slander, etc. to damage the reputation of citizens or legal persons. Personal rights include the right to privacy
3. Article 42 of the "Public Security Management Punishment Law" who commits any of the following acts shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are more serious, Detention for not less than five days but not more than ten days, and a fine of not more than five hundred yuan may be imposed: (2) Anyone who publicly insults others or fabricates facts to slander others; (6) Peeping, spying, eavesdropping, or spreading others' privacy.
4. Tort Liability Law
Article 2 Anyone who infringes upon civil rights and interests shall bear tort liability in accordance with this law. The civil rights and interests referred to in this Law include the right to life, health, name, reputation, honor, portrait, privacy, marital freedom, custody, ownership, usufruct rights, security rights, copyright, Personal and property rights such as patent rights, trademark exclusive rights, discovery rights, equity rights, inheritance rights, etc.
Article 3: The infringed party has the right to request the infringer to bear infringement liability. Note: The currently popular online “human flesh search” can also cause infringement. The law states: "Infringement of civil rights and interests shall bear infringement liability in accordance with this law," and civil rights include rights such as reputation rights, honor rights, portrait rights, and privacy rights. In "human flesh search", it is inevitable that the photos, experiences and other content of the parties involved will be involved, and there is no lack of personal privacy. After the information is made public on the Internet, it will often bring negative impacts to the parties concerned.
Article 62: Patients’ right to privacy Medical institutions and their medical staff shall keep patients’ privacy confidential. Anyone who leaks a patient's privacy or discloses his or her medical records without the patient's consent, causing harm to the patient, shall bear tort liability.
5. "Civil Procedure Law"
Article 68 Evidence shall be presented in court and cross-examined by the parties. Evidence involving state secrets, business secrets and personal privacy shall be kept confidential, and if it needs to be presented in court, it shall not be presented in a public hearing.
Article 134: The hearing of civil cases by the People's Courts shall be conducted in public, unless they involve state secrets, personal privacy or otherwise provided by law.
Article 156: The public may inspect legally effective judgments and rulings, except for content involving state secrets, commercial secrets and personal privacy.
6. "Criminal Procedure Law"
Article 52: People's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant units and individuals. Relevant units and individuals should truthfully provide evidence. ...Evidence involving state secrets, commercial secrets, and personal privacy shall be kept confidential.
Article 150: Technical investigation measures must be implemented in strict accordance with the approved types of measures, applicable objects and deadlines. Investigators shall keep confidential the state secrets, commercial secrets and personal privacy that they learn during the process of taking technical investigation measures;
Article 183: The trial of first instance cases in the People's Court shall be conducted in public. However, cases involving state secrets or personal privacy shall not be heard in public; cases involving business secrets may be heard in private if the parties concerned apply for them.
Question 2: What does personal privacy include? The so-called privacy refers to things that you are unwilling to tell others or that are inconvenient to tell others. The characteristics of the right to privacy are: the subject of the right to privacy can only be a natural person, the content of the right to privacy is authentic and confidential, and the scope of protection of the right to privacy is limited by the interests of the public. According to our country's laws, the following behaviors are violations of privacy: 1. Publicizing a citizen's name, portrait, address and phone number without their permission. 2. Illegal intrusion and search of other people’s residences, or other ways of destroying the peace of other people’s residences.
3. Illegal stalking of others, surveillance of other people’s residences, installation of eavesdropping equipment, private filming of other people’s private lives, and spying on other people’s indoor situations. 4. Illegally spy on other people’s property status or publish their property status without their permission. 5. Open other people's letters privately, peek into other people's diaries, spy on the contents of other people's private documents, and make them public. 6. Investigate and spy on other people’s social relationships and make them illegally public. 7. Interfere with other people’s sexual life or investigate and publish it. 8. Announce other people’s extramarital sex life to the public. 9. Leak citizens’ personal information or make it public or expand the scope of disclosure. 10. Collect purely personal information that citizens are unwilling to disclose to the public.
Question 3: What does personal privacy include? sex. Payment or Internet password. family situation.
Question 4: What rights does the right to privacy specifically include? The right to privacy includes at least the following nine aspects:
① Privacy regarding private property;
② Regarding name and Privacy of image interests;
③Privacy regarding one’s own affairs without interference from others;
④Privacy regarding internal affairs of an organization or enterprise;
⑤ Regarding the privacy of being inconvenient to show up on certain occasions;
⑥ Regarding respecting the privacy of others and not disclosing their personal information;
⑦ Regarding the privacy of sexual life and other private lives;
⑧ Regarding the requirement not to be detained by others
Question 5: What does personal privacy include? Body privacy, movement privacy, behavior privacy, identity privacy, reputation privacy, portrait privacy, personal income privacy, and personal experience privacy. 1. Publicize a citizen’s name, portrait, address and phone number without his permission. 2. Illegal intrusion and search of other people’s residences, or other ways of destroying the peace of other people’s residences. 3. Illegal stalking of others, surveillance of other people’s residences, installation of eavesdropping equipment, private filming of other people’s private lives, and spying on other people’s indoor situations. 4. Illegally spy on other people’s property status or publish their property status without their permission. 5. Open other people's letters privately, peek into other people's diaries, spy on the contents of other people's private documents, and make them public. 6. Investigate and spy on other people’s social relationships and make them illegally public. 7. Interfere with other people’s sexual life or investigate and publish it. 8. Announce other people’s extramarital sex life to the public. 9. Leak citizens’ personal information or make it public or expand the scope of disclosure. 10. Collect purely personal information that citizens are unwilling to disclose to the public.
Question 6: What does privacy and privacy rights include? sex. Payment or Internet password. family situation.
Question 7: What is the legal definition of privacy? I am speechless for this lawyer...
The right to privacy is clearly stipulated in the Tort Liability Law that came into effect on July 1 this year. Since there has not yet been a judicial interpretation, there is only a theoretical explanation of the right to privacy: "A kind of personality right in which the peace of private life and private information enjoyed are protected in accordance with the law and are not illegally intruded upon, known to, collected, used and disclosed by others." (Wang Liming)
After the Tort Liability Law comes into effect , the right to privacy is clearly stipulated in Article 2, so now there is no need to use the right of reputation to explain the right to privacy.
Question 8: What specific aspects does privacy include? From the perspective of privacy types, privacy can be divided into three types: personal affairs, personal information, and personal areas. There is little controversy in academic circles about this.
1. According to the external manifestation of privacy, privacy can be divided into abstract privacy and concrete privacy.
2. According to the nature of privacy, privacy can be divided into legal privacy and illegal privacy.
1. Legal privacy refers to privacy that complies with the express provisions of the law and social ethics. Privacy is secret, which refers to the legal factual state and general situation that has not been made public. It is not private if it has been disclosed to the public or to a specific person without an obligation of confidentiality.
2. Illegal privacy refers to privacy that violates the express provisions of the law or violates social ethics. It can be divided into illegal privacy, general violation of privacy and privacy that is not regulated by law. Illegal privacy in a broad sense refers to privacy that violates the mandatory provisions of basic substantive laws and general public ethics, including: serious violations of privacy that are crimes, general violations of privacy including violations of civil laws and administrative laws, and minor privacy violations. Three categories of illegal privacy.
3. Illegal privacy in a narrow sense refers to privacy that violates the mandatory provisions of basic substantive laws and important public ethics, including seriously illegal privacy and generally illegal privacy. Since the violations usually referred to only refer to serious violations and general violations, and do not include minor violations, illegal privacy should also be limited to the two categories of illegal privacy in a narrow sense.
Question 9: What is the scope of personal privacy rights? According to my country’s national conditions and current situation, the following behaviors can be classified as infringement of privacy rights:
1. Disclosure of personal privacy rights without the permission of citizens Name, likeness, address and telephone number.
2. Illegal intrusion and search of other people’s homes, or other ways of destroying the peace of other people’s homes.
3. Illegal stalking of others, surveillance of other people’s residences, installation of eavesdropping equipment, private filming of other people’s private lives, and snooping on other people’s indoor situations.
4. Illegally spy on other people’s property status or publish their property status without their permission.
5. Open other people’s letters privately, peek into other people’s diaries, spy on the contents of other people’s private files, and make them public.
6. Investigate and spy on other people’s social relationships and make them illegally public. 7. Interfere with other people’s sexual life or investigate or publish it.
8. Announce other people’s extramarital sex life to the public.
9. Leak citizens’ personal information or make it public or expand the scope of disclosure.
10. Collect purely personal information that citizens are unwilling to disclose to the public.
The focus of the right to privacy lies in the "individual", that is, to protect personal interests from others. When personal interests conflict with the interests of the public, it does not fall within the scope of the right to privacy. Our country's laws do not have rigid provisions on the right to privacy. According to judicial interpretations, in legal practice in my country, individuals’ privacy rights are usually protected in the form of protecting reputation rights.
Question 10: What does personal privacy include? The so-called privacy refers to things that you are unwilling to tell others or that are inconvenient to tell others. The characteristics of the right to privacy are: the subject of the right to privacy can only be a natural person, the content of the right to privacy is authentic and confidential, and the scope of protection of the right to privacy is limited by the interests of the public. According to our country's laws, the following behaviors are violations of privacy: 1. Publicizing a citizen's name, portrait, address and phone number without their permission. 2. Illegal intrusion and search of other people’s residences, or other ways of destroying the peace of other people’s residences. 3. Illegal stalking of others, surveillance of other people’s residences, installation of eavesdropping equipment, private filming of other people’s private lives, and spying on other people’s indoor situations. 4. Illegally spy on other people’s property status or publish their property status without their permission. 5. Open other people's letters privately, peek into other people's diaries, spy on the contents of other people's private documents, and make them public. 6. Investigate and spy on other people’s social relationships and make them illegally public. 7. Interfere with other people’s sexual life or investigate and publish it. 8. Announce other people’s extramarital sex life to the public. 9. Leak citizens’ personal information or make it public or expand the scope of disclosure. 10. Collect purely personal information that citizens are unwilling to disclose to the public.