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What is the legal responsibility for infringing on personal privacy?
China's laws mainly contain the following provisions concerning the right to privacy: 1. Chinese people and Article 38 of the Chinese Constitution. The personal dignity of Chinese people and citizens is inviolable. It is forbidden to insult, slander and falsely accuse or frame citizens in any way. Article 39 The residences of citizens of the People's Republic of China are inviolable. It is forbidden to illegally search or illegally invade citizens' houses. Article 4 The freedom and privacy of communication of the Chinese people and citizens of the People's Republic of China shall be protected by law. No organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the need of national security or the investigation of criminal offences, when the public security organs or procuratorial organs check the communication according to the procedures prescribed by law. II. General Principles of the Civil Law of the People's Republic of China Article 1 Citizens shall have the right to portrait, and shall not use their portraits for profit without their consent. Article 11 Citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering. III. the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law (Revised Draft) Date: 12-5, 199 Published by: the Supreme People's Court 158. For the purpose of making profits, using the portrait of a citizen to advertise, trademark, decorate a window, etc. without the consent of the citizen shall be recognized as an act of infringing on the right of the citizen's portrait. (Former Article 139) 159. Anyone who uses another person's portrait in the form of insult or malicious uglification can be regarded as an act of infringing the right of reputation. 16. Publicizing other people's privacy in written or oral form, or fabricating facts to openly vilify other people's personality, and damaging other people's reputation by insulting or slandering, which has a certain impact, shall be regarded as an act of infringing on citizens' right to reputation. Defaming or slandering the reputation of a legal person in written or oral form, which causes damage to the legal person, shall be deemed as an act of infringing on the reputation right of a legal person. (Original Article 14) 161. If a citizen's reputation is infringed upon after his death, causing damage to his spouse, parents, children or other relevant personnel, the victim may bring a lawsuit. 162. Whoever embezzles or counterfeits another person's name and causes damage shall be deemed to have infringed on the right of name and name. (Original Article 141) Article 245 of the Criminal Law of the People's Republic of China Whoever illegally searches another person's body or residence, or illegally intrudes into 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. 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. 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. 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. V. Law of the People's Republic of China on the Protection of Minors Article 39 No organization or individual may disclose the personal privacy of minors. No organization or individual may conceal or destroy the letters, diaries and emails of minors; No organization or individual may open or consult the letters, diaries and e-mails of minors who have no capacity for conduct, except that they are inspected by public security organs or people's procuratorates according to law for the purpose of tracing crimes.