Is it illegal for parents and teachers to read minor diaries privately?

The right to privacy refers to a personality right that a natural person enjoys the peace of private life and private information is not illegally interfered, known, collected, used and made public by others. According to the specific situation of our country, combined with relevant foreign theoretical research results, the contents of privacy mainly include: (1) citizens have the right to name, portrait, address, home phone number and body and skin shape secrets, and they are not allowed to spy, disclose or spread without permission. (2) Citizens' personal activities, especially those in their houses, are not subject to surveillance, voyeurism, photography or video recording, except those where they live under surveillance according to law. (3) Citizens' houses are not subject to illegal intrusion, peeping or harassment. (4) Citizens' sexual life is not interfered, interfered, peeped, investigated or made public by others. (5) Citizens' savings and property status shall not be investigated and published illegally, except those that need to be published according to law. (6) Citizens' personal documents such as correspondence and diaries are not subject to snooping or illegal disclosure, and citizens' personal data are not subject to illegal collection, transmission, processing and utilization. (7) Citizens' social relations are not subject to illegal investigation or publicity. (8) Citizens' archival materials shall not be illegally disclosed or expanded. (9) Citizens' past or present pure personal circumstances, such as repeated lovelorn and rape, shall not be illegally disclosed to the public, nor shall they be collected or made public. (10) Any other personal data belonging to citizens' private content shall not be illegally collected, transmitted, processed and utilized (3). The above contents can be summarized into four aspects, namely, related to private life, peace, image and name. Privacy has the following characteristics: (1) The subject of privacy can only be a natural person. Privacy is the private right of natural persons, excluding legal persons, especially corporate legal persons, which is actually a trade secret. Trade secrets do not have the essential attribute of privacy that has nothing to do with public interests and group interests. (2) The object of privacy includes private activities, personal information and personal fields. (3) The scope of protection of privacy is limited by public interests. The protection of privacy is not unlimited. Should be restricted by the public interest, when the interests conflict, it should be adjusted according to the requirements of the public interest. According to the characteristics of privacy, scholars at home and abroad generally believe that privacy has the following four rights: (1) Concealing privacy. The right to conceal privacy refers to the right of the right subject to conceal his privacy without being known by others. (2) the right to privacy. Natural persons not only have the negative right to conceal their privacy, but also have the positive right to use this right. Privacy refers to the right of natural persons to actively use their privacy to meet their spiritual and material needs. (3) the right to maintain privacy. Privacy refers to the right that the privacy subject enjoys to protect his privacy from infringement. When he is illegally infringed, he can take public and private remedies to safeguard the inviolability of privacy. (4) Privacy control. The right to control privacy means that natural persons have the right to control their privacy according to their own wishes. The essence of allowing others to use their privacy is a transfer of their privacy. Use without the promise of the obligee is a serious infringement.

Legal protection of privacy right

Privacy is an important civil right for citizens to enjoy personal information, a quiet life and the right to decide private affairs, including the right to keep personal information confidential, the right to be undisturbed in personal life and the right to decide private affairs. As a citizen's personality right, the right to privacy is absolute in nature, and its core content is to control one's privacy according to one's own will, and no one else has the obligation to infringe upon it. However, in today's information society, with the rapid development of information dissemination means and technology, people's privacy is increasingly threatened by infringement. It is understood that the cases of damages caused by infringement of citizens' privacy rights accepted by courts all over the country are on the rise year by year.

The reason for the increase of privacy disputes is that many people, especially some news media, do not have a correct understanding of citizens' privacy and privacy rights and their legal protection, and even mistakenly believe that China's laws do not explicitly protect individual privacy rights, so that it is illegal to infringe on others' privacy rights. In fact, since 1970s, the international protection of privacy has evolved from passive protection to active protection. China adopts indirect and decentralized legislation, and has formed a multi-level legal protection system for privacy right.

Protection of the right to privacy in the Constitution Although the Constitution of our country does not make explicit and direct protective provisions on the right to privacy, it indirectly confirms the inviolability of citizens' right to privacy from other aspects. Article 38 of the Constitution stipulates: "The personal dignity of the people and citizens of China is inviolable. It is forbidden to insult, slander and falsely accuse citizens in any way. " "Insulting citizens in any way" here includes protecting citizens' personal dignity and, of course, protecting citizens' privacy by making others' privacy public; Article 39 of the Constitution stipulates: "The houses of the people and citizens of China are inviolable. It is forbidden to illegally search or illegally invade citizens' houses. "Some laws of citizens' personal life also belong to personal privacy. This article ensures that citizens' daily life is not illegally disturbed, and also protects citizens' right to privacy to a certain extent. Article 40 of the Constitution also stipulates: "The freedom and privacy of communication of the people and citizens of China 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. "Privately opening letters and eavesdropping on telephone calls are acts of violating communication secrets. The Constitution protects citizens' right to privacy by prohibiting these acts.

Protection of the Right to Privacy In China's criminal law, the protection of the right to privacy is mainly achieved by investigating the criminal responsibility for violating the right to privacy. The first paragraph of Article 245 of the Criminal Law stipulates: "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." Paragraph 1 of Article 246 stipulates: "Whoever publicly insults others or fabricates facts to slander others by violence or other means, 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." Article 252 stipulates: "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. "Paragraph 1 of Article 253 stipulates:" 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. "The above provisions are a concrete extension of the spirit of protecting citizens' right to privacy in the criminal field, and provide the strongest criminal law guarantee for protecting citizens' right to privacy.

Protection of Privacy by Civil Law Among all the laws and regulations protecting privacy, civil law is the most complete and complete legal department. The protection of privacy in civil law is mainly reflected in three aspects: first, the civil rights of citizens, especially the personal rights, are stipulated in principle, and the spirit of civil law protection that citizens' privacy rights are inviolable is established; The second is to realize the protection of privacy by determining the civil liability for infringement of privacy; Third, clear protection through legal interpretation. For example, Article 140 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation) stipulates: "Anyone who discloses others' privacy in written or oral form, or fabricates facts to publicly vilify others' personality, insult or slander others, damage their reputation, and cause certain influence shall be deemed as an act of infringing citizens' right of reputation. "

Administrative regulations protect the right to privacy. In China, the administrative regulations on news, publishing, advertising, publicity, broadcasting, television, movies, medical and health care, file management, posts and telecommunications, social security and many other aspects have provisions on the protection of privacy. For example, Article 8 of the Interim Provisions on the Administration of Newspapers issued by the State Press and Publication Administration stipulates that no newspaper may publish any content, including libel, insult or other content prohibited by law. The state strengthens the protection of citizens' right to privacy by investigating the administrative responsibility of illegal acts.

Protection of Privacy in Procedural Law Our country's laws have established the general principle of people's courts hearing cases in public, but for some cases involving the personal privacy of the parties, some procedural laws in China stipulate that public hearing is not applicable. For example, the first paragraph of Article 152 of the Criminal Procedure Law stipulates: "The people's courts shall hear cases of first instance in public. However, cases involving state secrets or personal privacy are not heard in public. " Article 120 of the Civil Procedure Law stipulates that the trial of civil cases by the people's courts shall be conducted in public unless it involves state secrets, personal privacy or otherwise provided by law; If the parties to a divorce case apply for a private hearing, they may do so. Article 45 of the Administrative Procedure Law stipulates: "The people's courts try administrative cases in public, except those involving state secrets, personal privacy and other provisions of the law." In addition, Article 7 of the Organic Law of the People's Courts also stipulates that in order to protect the privacy of citizens, the trial shall not be held in public. These provisions are actually the most obvious judicial protection for citizens' right to privacy.

After the promulgation and implementation of the General Principles of Civil Law, almost all laws related to the protection of civil rights have provisions on the right to privacy. Such as the Law on the Protection of Minors, the Law on the Protection of Women's Rights and Interests, the Law on the Protection of Disabled Persons and the Law on the Protection of Consumers' Rights and Interests. The privacy rights of minors, women, the disabled and consumers are clearly and specially stipulated, which further improves the legislation of China to protect citizens' privacy rights.