The difference between portrait right and privacy right

The difference between portrait right and privacy right

1, portrait on the right. Portrait right refers to the individual's control over his own image, portrait or appearance. It gives individuals the right to decide whether to publicly display, use or spread their portraits. Portrait rights usually involve the use of personal portraits in the form of photos, paintings, sculptures and advertisements, as well as the commercial use of portraits.

2. Privacy. Privacy refers to the right of individuals to protect their personal life, private affairs and personal information. It gives individuals the right to control others to obtain, use and disclose their private lives and information. Privacy usually involves the protection of personal residence, communication, personal data, personal thoughts and feelings.

Invasion of privacy:

1. Interfere with other people's private lives by telephone, SMS, instant messaging tools, e-mail, leaflets, etc.

2. Enter, take photos and peep into other people's private spaces such as houses and hotel rooms;

3. Shooting, peeping, eavesdropping and revealing other people's private activities;

4. Shooting and peeping at other people's private parts;

5. Handling other people's private information;

6. Invade the privacy of others in other ways.

Violations of the right to portrait mainly include the following:

1. Infringe on others' portrait rights by means of information technology, such as uglification, defacing or forgery. For example, spoofing other people's photos with retouching software and forging other people's images with "AI Face Changing" technology;

2. Making, using or publicizing a portrait without the consent of the owner of the portrait, except as otherwise provided by law. For example, taking pictures of others;

3. Using or publicizing the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting without the consent of the portrait owner. For example, photographers publish their photos publicly without the consent of models.

To sum up, the right of portrait mainly involves the use of personal image and portrait, and the right of privacy mainly involves the protection of personal privacy and personal information. Portrait right focuses more on the control and use of images, while privacy right focuses more on the protection of personal life and information.

Legal basis:

Article 1033 of the Civil Code of People's Republic of China (PRC)

Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may commit the following acts:

(a) by telephone, SMS, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;

(2) Entering, taking photos or peeping into other people's private spaces such as houses and hotel rooms;

(3) Shooting, peeping, eavesdropping or revealing other people's private activities;

(4) Shooting or peeping at the private parts of others' bodies;

(5) handling other people's private information;

(6) Infringe upon the privacy of others in other ways.