The legal provisions on the right to privacy are as follows:

1. "Constitution"

Article 38 The personal dignity of citizens of the People's Republic of China shall not violated. It is prohibited to use any method to insult, slander or falsely accuse citizens.

Article 39 The residences of citizens of the People's Republic of China are inviolable. Illegal searches or illegal intrusions into citizens' homes are prohibited.

Article 40 The freedom of communication and the confidentiality of communication of citizens of the People’s Republic of China are protected by law. Except for the need for national security or the investigation of criminal crimes, where the public security organs or procuratorial organs inspect communications in accordance with the procedures prescribed by law, no organization or individual may infringe on citizens' freedom of communication and communication confidentiality for any reason.

2. "Criminal Law"

Article 245 Whoever illegally searches the body or residence of others, or illegally invades the residence of others, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Any judicial staff member who abuses his power and commits the crime in the preceding paragraph shall be severely punished.

Article 246: Anyone who openly insults others by violence or other methods 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 in the preceding paragraph will only be dealt with upon complaint, except for 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 communication, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.

Article 253 Postal workers who open or conceal or destroy mail or telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Anyone who commits the crime of the preceding paragraph and steals property shall be convicted and severely punished in accordance with the provisions of Article 264 of this Law.

Article 253-1: Staff members of state agencies or financial, telecommunications, transportation, education, medical and other units, in violation of national regulations, use their unit’s assets obtained in the process of performing duties or providing services. If the personal information of citizens is sold or illegally provided to others, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

Stealing or illegally obtaining the above information through other methods, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.

If a unit commits the crimes in the preceding two paragraphs, it shall be fined, and its directly responsible supervisor and other directly responsible personnel shall be punished in accordance with the provisions of the respective paragraphs.

3. "General Principles of the Civil Law"

Article 100 Citizens enjoy the right of portrait, and citizens' portraits may not be used for profit-making purposes without their consent.

Article 101. Citizens and legal persons enjoy the right of reputation. The personal dignity of citizens is protected by law. It is prohibited to damage the reputation of citizens and legal persons by means of insult, slander, etc.

4. Tort Liability Law

Among my country’s current laws, only Article 2 of the Tort Liability Law states that the scope of civil rights includes the right to privacy

Based on my country’s national conditions and relevant foreign information, the following behaviors can be classified as infringement of privacy:

1. Publicizing a citizen’s name, portrait, address, ID card number, 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 materials or make them public or expand the scope of disclosure.

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

11. Disclosure of other people’s secrets without their permission.

5. "Law 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 minors’ letters, diaries, and emails; except for the need to investigate crimes, the public security organs or the People’s Procuratorate shall inspect them in accordance with the law;

< p>No organization or individual may open or review the letters, diaries, and emails of incapacitated minors, except for their parents or other guardians to open and review them on their behalf.

Extended information:

Judicial interpretation of the right to privacy:

Whether it constitutes liability for infringement of the right of reputation should be based on the fact that the victim’s reputation has been damaged, The perpetrator's behavior is illegal, there is a causal relationship between the illegal behavior and the damage consequences, and the perpetrator is subjectively at fault.

Anyone who insults or slanders another person in writing or verbally and harms his or her reputation shall be deemed to have infringed upon his or her right to reputation. Anyone who publishes other people's private materials without their consent or publicizes other people's privacy in written or oral form, causing damage to other people's reputation, will be treated as infringement of other people's reputation rights.

Reputation disputes arising from writing or publishing critical articles shall be handled by the People's Court according to different circumstances:

If the issues reflected in the article are basically true and there is no content that insults the personality of others, the People's Court shall not It should be considered as infringement of the reputation rights of others.

Although the issues reflected in the article are basically true, if there is content that insults the personality of others and infringes on others' reputations, it should be deemed as an infringement of others' privacy rights. If the basic content of the article is untrue and damages the reputation of others, it shall be deemed as an infringement of the reputation rights of others.

Baidu Encyclopedia-Privacy