1. What should I do if my privacy is violated online?

You can report the case and ask the public security organ to file a case for investigation. If it causes civil damage, it may claim compensation.

Article 995 of the Civil Code: If the right of personality is infringed, the victim has the right to request the actor to bear civil liability in accordance with the provisions of this law and other laws. The limitation of action does not apply to the victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore his reputation and apologize.

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.

Article 42 of the Law on Public Security Administration Punishment: Anyone who commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

(1) writing threatening letters or threatening the personal safety of others by other means;

(2) publicly insulting others or fabricating facts to slander others;

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;

(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;

(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.

Second, the way the Internet infringes on privacy.

Invaders of network privacy often use their own means to collect or even steal the privacy of netizens for their own purposes. These illegal acts are mainly manifested in the following aspects:

1, personal assault

Individuals disclose, disclose, disseminate or transfer the privacy of others or the privacy between themselves and others on the Internet without authorization; Unauthorized interception and copying of electronic information transmitted by others; Open other people's e-mails without authorization or enter the private online information field to collect and steal other people's information.

2. Infringement by network operators

Some network operators transfer or close users' mail, resulting in the loss of users' mail content and the disclosure of personal privacy and business secrets; Save or collect user's personal information for unreasonable purposes or without user's permission; Take a conniving attitude towards others' comments on the website that obviously disclose others' privacy, let them spread, and fail to find them in time and take corresponding measures to delete or block them; Tampering with personal information or disclosing wrong information without investigation and verification or user's permission; Without the user's permission, unreasonable use of user information or abuse of user information beyond the scope of permission will provide information obtained through legal channels to intermediaries, advertising companies, distributors, etc. For the purpose of making profits, resulting in the disclosure, disclosure or dissemination of users' personal information.

3. Infringement by commercial companies

Some commercial companies specializing in network investigation use cookie tools with tracking function to browse, regularly track and record websites visited by users, download and copy users' network activities, collect users' personal information, establish user information databases, and transfer and sell users' personal information to other companies for profit, or use it for other commercial purposes.

4. Infringement by hardware and software equipment suppliers

Individual software and hardware manufacturers specially designed the function of collecting user information in their own products, which led to illegal infringement of users' privacy rights. For example, Intel once implanted a "security serial number" in its processor to monitor the communication information between users, so that the private information of computer users was improperly tracked and monitored.

5. Other forms of infringement

Some network owners or managers monitor the e-mails or other information of people in the network by monitoring or eavesdropping on other computers in the network center, which also violates the personal privacy of network users to some extent.

Third, how to identify invasion of privacy?

As a kind of personality right, the constitution of liability for infringement of privacy, like other rights, must have the general elements of tort liability, namely subjective fault, illegal behavior, damage facts and causality.

1, subjective fault

Infringement of privacy is a general tort, which requires the subjective fault of the actor to constitute tort liability. Intention has nothing to do with negligence, but the form of fault affects the liability of the infringer.

2. Is there any illegal act?

Acts that infringe on others' privacy are negatively evaluated by the law because they directly violate the law or violate social morality, making them illegal. Privacy is an absolute right, which has a universal influence on the world. It requires any unspecified person to have the obligation not to invade others' privacy, and any violation of this obligation is classified as invasion of privacy unless there is justifiable defense. Usually, this kind of infringement is manifested in the form of behavior, and it is not necessary to reveal the privacy of others. Combined with the diversity of behavior types and the development of privacy connotation, it can be basically divided into two categories: behaviors that infringe on private space and behaviors that infringe on private information.

3. Damage results.

Damage is the result of tort. As a factual state, there are three main manifestations: property loss, personal interest damage and mental pain. Invasion of privacy is not directly related to property interests, and sometimes even no property interests are damaged at all. It is often the damage of personality interests that is impacted, usually accompanied by mental pain. Of course, this does not deny the economic losses caused by privacy damage. 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 also constitute damage in civil 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.

4. There is a causal link

Causality in the civil code is to determine the relationship between the actor's behavior and the result, and there is often a direct correlation between the act of infringing privacy and the fact of damage. The consequence of invasion of privacy is the "overflow" of self-control information of the right holder and the intrusion of private life, which is caused by infringement. In other words, the subject of rights suffers from the damage of personality interests because of this illegal act. The damage of non-property interests and behaviors is relatively easy to grasp. The problem lies in the determination of causality between property interests and infringement. Whether there is a direct and inevitable connection must be grasped through certain methods, usually from the following two aspects: whether there is a chronological order and whether the infringement exists objectively.

Anyone who infringes on privacy on the Internet can report to the public security organ, and if civil damage is caused, he can ask for compensation and other civil liabilities.

Legal objectivity:

Article 213 of the Criminal Law of People's Republic of China (PRC) uses the same trademark as its registered trademark on the same kind of goods and services without the permission of the registered trademark owner. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Article 214 Whoever sells goods that are knowingly counterfeit registered trademarks, and the illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined. Article 215 Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.