Is it illegal for the company security guard to open the door with a key without the permission of the accommodation staff and enter the staff dormitory at will to rummage through the so-called contra

Is it illegal for the company security guard to open the door with a key without the permission of the accommodation staff and enter the staff dormitory at will to rummage through the so-called contraband? This is definitely illegal. According to Article 109 of the Criminal Procedure Law of People's Republic of China (PRC): "In order to collect criminal evidence and seize criminals, investigators may search the bodies, articles, residences and other relevant places of criminal suspects and people who may hide criminals or criminal evidence." Article11stipulates: "When conducting a search, the searched person must produce a search warrant. When carrying out arrest and detention, in an emergency, you can search without a search warrant. " Article 1 12 stipulates: "When searching, the searched person or his family members, neighbors or other witnesses shall be present. Searching women's bodies should be carried out by female staff. " The above-mentioned "investigators" refer to the staff of public security organs, procuratorial organs, state security organs and other state organs that have the right to exercise "investigation power". In other words, the search can only be carried out by the above-mentioned competent departments, and the work certificate and search warrant must be produced in non-emergency situations. This behavior of company security guards has seriously violated employees' personal rights, property rights and privacy rights.

1. Is it an invasion of privacy for the company to check the dormitory?

The company checks the dormitory with the employee's notice, which generally does not violate the privacy right. If you break into the dormitory without notice and look through your personal belongings privately, it is an invasion of privacy.

People's Republic of China (PRC) Civil Code

Article 1033 Without the express consent of the obligee, no organization or individual may commit any of the following acts:

(a) by SMS, telephone, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;

(2) Entering, peeping or photographing other people's houses, hotel rooms and other private spaces;

(3) Shooting, recording, making public, peeping or eavesdropping on other people's private activities;

(4) Shooting or peeping at the private parts of others' bodies;

(5) Collecting and processing other people's private information;

(6) Infringe upon the privacy of others in other ways.

Second, how to define 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.

1 invasion of privacy. First of all, invasion of privacy must be illegal.

2. The fact that the right to privacy is violated. 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.

3. 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.

4. 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.