Traditional Culture Encyclopedia - Hotel franchise - Is it illegal to eavesdrop on others?
Is it illegal to eavesdrop on others?
There is no doubt that if your so-called mobile phone eavesdropping has involved the nature of surveillance eavesdropping, then there is no doubt that it is definitely illegal.
The relevant legal basis is Article 253 of the Criminal Law: Whoever, in violation of relevant state regulations, sells or provides citizens' personal information to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, 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 seven years and shall also be fined.
Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph.
And Article 284 of the Criminal Law: Whoever illegally uses special equipment for eavesdropping or stealing photos, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
However, if you just put your mobile phone in a public place, such as the lobby of a hotel, and collect evidence by recording, it is not necessarily illegal, because its characteristics in public places determine that it is unnecessary to protect its information privacy. Therefore, the court will generally recognize the legality of the evidence obtained in this case.
: Is it infringement to be recorded without knowing it?
Being recorded without knowing it does not necessarily constitute infringement. According to the law, only the act of using others' privacy to harm each other's interests can be called invasion of privacy. It's not an invasion of privacy to keep records private.
Legal basis: Paragraph 2 of Article 1032 of the Civil Code of People's Republic of China (PRC) stipulates that privacy is private space, private activities and private information that natural persons do not want to be known by others.
Legal basis: Article 42 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment commits one of the following acts, and 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.
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