Traditional Culture Encyclopedia - Hotel accommodation - Is it an invasion of privacy for mobile phones to eavesdrop on voice?
Is it an invasion of privacy for mobile phones to eavesdrop on voice?
Is eavesdropping an invasion of privacy?
Anyone who eavesdrops on other people's privacy is an invasion of privacy and an illegal act. 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. Personal information is all kinds of information recorded electronically or in other ways that can identify a specific natural person alone or in combination with other information, including natural person's name, date of birth, ID number, biometric information, address, telephone number, email address, whereabouts information, etc. Privacy information in personal information should also comply with the relevant provisions on privacy protection.
How to punish eavesdropping on others' privacy?
Eavesdropping on others' privacy is an invasion of privacy and an illegal act, which can be punished for public security or bear civil liability according to law.
What are the cases of invasion of privacy: writing threatening letters or threatening others' personal safety in other ways; Publicly insulting others or fabricating facts to slander others; Fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment; Threatening, insulting, beating or retaliating against witnesses and their close relatives, and repeatedly sending obscene, insulting, intimidating or other information to interfere with the normal life of others; Peeping, taking photos, eavesdropping or spreading other people's privacy.
How to identify invasion of privacy
The constitution of the liability for infringement of privacy or infringement of privacy interests must have the general elements of tort liability, that is, it must have four elements: illegal behavior, damaging facts, causality and subjective fault. The applicable imputation principle is the fault liability principle, but the no-fault liability principle and the fair liability principle are not applicable. An illegal act of invading privacy. First of all, invasion of privacy must be illegal. Damage to the fact of invasion of privacy. Privacy is a kind of information, an activity, a space field and a secret state. The damage to privacy is manifested as spying, being monitored, being violated, being published, being disturbed and being disturbed. Causality of invasion of privacy. It means that there is an inherent, inevitable and regular connection between the illegal act of infringing privacy and the fact of damaging privacy. Subjective fault of infringing privacy. The perpetrator who violates the right to privacy must be subjectively at fault. Mainly intentional, that is, foreseeing the consequences of invasion of privacy but hoping or letting this happen.
We can know that eavesdropping on others' privacy is an act of invasion of privacy, which is illegal and can be punished for public security or bear civil liability according to law.
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