Traditional Culture Encyclopedia - Hotel franchise - Is in-store monitoring illegal for others to see?
Is in-store monitoring illegal for others to see?
the right to privacy refers to a kind of personality right that citizens enjoy the peace of private life and private information is protected according to law, and they are not illegally harassed, informed, collected, used and made public by others. [3] The right to privacy gives the obligee control over private life, which includes the right to prevent others from stealing personal privacy and the right to decide whether to disclose privacy and the scope of disclosure to others. The common types of privacy right include personal life freedom right, information secret right, personal communication secret right and personal privacy utilization right.
According to China's national conditions and Tort Liability Law, the following acts can be classified as infringement of privacy:
1. Publicizing a citizen's name, portrait, address, ID number and telephone number without his permission.
2. Invade or search other people's houses illegally, or otherwise disturb other people's living peace.
3. Illegally stalking others, monitoring their residences, installing eavesdropping equipment, taking private photos of others' private lives, and spying on others' indoor conditions.
4. Illegally spying on other people's property status or publishing their property status without their permission.
5. Open other people's letters privately, peek at other people's diaries, spy on other people's private documents and make them public.
6. Investigate and spy on other people's social relations and make them illegal.
7. Interfere with the sexual life of other couples or investigate and publish them.
8. Make others' extramarital sex life known to the public.
9. divulge citizens' personal materials or make them public or expand the scope of publicity.
1. Collect purely personal information that citizens are unwilling to disclose to the public.
11. Publicize other people's secrets without their permission.
Main categories:
1. The right subject of personal life freedom engages in or does not engage in certain activities that have nothing to do with social public interests or are harmless, and is not subject to interference, destruction or domination by others. 2. Right of information confidentiality Personal life information, including all personal information and materials. Such as height, weight, female measurements, medical records, physical defects, health status, life experience, property status, marriage, family, social relations, hobbies, beliefs, psychological characteristics and so on. The subject of rights has the right to prohibit others from illegally using personal life information, for example, not peeking at the secret parts of citizens' bodies, diaries, etc., and not forcibly disclosing their property status, social relations and other private matters that are not known to the outside world without the consent of others.
3. The right holder of personal communication privacy has the right to keep personal letters, telegrams, telephones, faxes and conversations confidential, and prohibit others from illegally eavesdropping or stealing. The development of privacy system is closely related to the development of modern communication. With the rapid development of information processing and transmission technology, the content of personal communication can be easily eavesdropped or stolen. Therefore, ensuring the security of personal communication has become an important content of privacy.
4. The right holder of the right to use personal privacy has the right to use his privacy according to his own will in order to engage in various activities to meet his own needs. Such as using personal life information to write an autobiography, using one's own image or body for painting or photography, etc. These activities cannot be illegally interfered, but the use of privacy must not violate the mandatory provisions of the law, and must not violate public order and good customs, that is, rights must not be abused. For example, using the private parts of one's body to make obscene articles should be considered as illegal use of privacy, which constitutes an illegal act.
Legal basis:
Tort Liability Law of the People's Republic of China
Article 2 Where the scope of protection infringes on civil rights and interests, it shall bear tort liability in accordance with this Law.
the civil rights and interests mentioned in this law include personal and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, equity right and inheritance right.
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