Traditional Culture Encyclopedia - Hotel franchise - A camera was installed in the private room of the hotel. Will this behavior of the hotel violate the law? If you violate the law, how should you protect your legitimate rights and interests?
A camera was installed in the private room of the hotel. Will this behavior of the hotel violate the law? If you violate the law, how should you protect your legitimate rights and interests?
Of course, breaking the law violates your privacy, so you can sue him. Because the private room is a relatively private space relative to other parts of the hotel, guests can choose guests who are not disturbed. Cameras should not be installed. If the hotel installs cameras for its own supervision, it should also fulfill its obligation to inform.
From your description, it is obvious that the hotel deliberately disguised the camera and didn't want the guests to know, which obviously violated personal privacy. According to the provisions of the state public security law: illegally following others, monitoring their homes, installing eavesdropping equipment, secretly photographing their private lives, and monitoring their indoor conditions. This is a typical invasion of privacy. In China, privacy protection mainly belongs to the right of reputation.
Extended data:
According to the constitution
Article 38 The personal dignity of People's Republic of China (PRC) citizens shall be inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way.
Article 39 The residences of People's Republic of China (PRC) citizens shall be inviolable. It is forbidden to illegally search or illegally invade citizens' houses.
Fortieth the freedom and privacy of communication between the people of China and the citizens of People's Republic of China (PRC) shall be protected by law. When public security organs and procuratorial organs check communication according to the procedures prescribed by law, no organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the needs of national security or criminal investigation.
According to criminal law
Article 245 Whoever illegally searches another person's body or residence, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
Article 246 Whoever publicly insults others by violence or other means 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 mentioned in the preceding paragraph shall be dealt with only if they are told, except 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 correspondence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.
Article 253 Postal personnel who open, conceal or destroy mail and telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Whoever commits the crime of stealing property mentioned in the preceding paragraph shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.
Article 253-1 Staff of state organs and financial, telecommunications, transportation, education, medical and other units. Whoever, in violation of state regulations, sells or illegally provides personal information of citizens obtained by the unit in the course of performing its duties or providing services 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.
Whoever steals or illegally obtains the above information by other means, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of each paragraph.
According to the general principles of civil law
Article 100 Citizens shall enjoy the right to portrait, and shall not use their portraits for profit without their consent.
Article 101 Citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.
Opinions on several issues concerning the implementation of the general principles of civil law
140. Anyone who discloses others' privacy in written or oral form, or fabricates facts to publicly vilify others' personality, and damages others' reputation by insulting or slandering others, thus causing certain influence, shall be deemed as an act of infringing citizens' right to reputation.
Whoever slanders or slanders the reputation of a legal person in written or oral form, thus causing damage to the legal person, shall be deemed as an act of infringing the reputation right of a legal person.
14 1. Anyone who steals or imitates another person's name and causes damage shall be regarded as infringing on the right to name.
According to the Tort Liability Law
China's national conditions and relevant foreign information, the following acts can be classified as violations of privacy:
1. Make public the name, portrait, address, ID number and telephone number of citizens without their permission.
2, illegal intrusion, search other people's homes, or otherwise disrupt the peace of others.
3. Illegally stalking others, monitoring others' residences, installing eavesdropping equipment, secretly photographing others' private lives, and spying on others' indoor conditions.
4. Illegally spying on others' property status or publishing their property status without others' permission.
5. Privately open other people's letters, 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 to make them illegal.
7, interfere with other couples' sexual life or investigation.
8. Publicize other people's extramarital sex life to the public.
9, the disclosure of personal materials of citizens or open or expand the scope of disclosure.
10, collecting pure personal information that citizens are unwilling to disclose to the society.
1 1. Publicize other people's secrets without permission.
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