Traditional Culture Encyclopedia - Photography major - Is it infringing, depressing and irritating for peers to install cameras in front of our store?
Is it infringing, depressing and irritating for peers to install cameras in front of our store?
Legal analysis
Infringement of privacy is a general tort, which requires the subjective fault of the actor to constitute tort liability. Intention has nothing to do with negligence, but the form of fault affects the liability of the infringer. The act of infringing on others' privacy is negatively evaluated by the law because it directly violates the law or social morality, thus making it illegal. Privacy is an absolute right, which has a universal influence on the world. It requires any unspecified person to have the obligation not to invade others' privacy, and any violation of this obligation is classified as invasion of privacy unless there is justifiable defense. Usually, this kind of infringement is manifested in the form of behavior, and it is not necessary to reveal the privacy of others. Combined with the diversity of behavior types and the development of privacy connotation, it can be basically divided into two categories: behaviors that infringe on private space and behaviors that infringe on private information. According to relevant laws and regulations, the following acts can be classified as infringement of privacy:
Without the permission of citizens, publish their names, portraits, addresses and telephone numbers.
Invading or searching another person's house illegally, or disturbing the peace of life of another person in other ways.
Illegally stalking others, monitoring their residences, installing eavesdropping equipment, secretly photographing their private lives, and spying on their indoor conditions.
Illegally spying on other people's property or publishing other people's property without their permission.
Open other people's letters, read other people's diaries, spy on other people's private documents and make them public.
Investigate, spy on other people's social relations and illegally make it public.
Interfere with the sexual life of other couples or investigate and publish.
Publicize other people's extramarital sex life to the public.
Disclosure of citizens' personal data or disclosure or expansion of the scope of disclosure.
Collect pure personal information that citizens are unwilling to disclose to the public.
legal ground
Article 1032 of the Civil Code of People's Republic of China (PRC) stipulates that natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public. Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others. 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. Article 42 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be detained for less than five days or fined less than five hundred yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (2) publicly insulting others or fabricating facts to slander others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.
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