Can couples have privacy?

1. Do couples have the right to privacy?

Husbands and wives should have the right to privacy. This is the most basic human right. However, given that the relationship is between husband and wife, both parties have the obligation to be loyal, and the scope of privacy rights needs to be narrowed accordingly. For example, personal information such as home address is acceptable for spouses to know each other, but a third party may infringe on privacy rights if they want to know. .

Relevant legal provisions: "Civil Code"

Article 110 Personal rights of civil subjects: Natural persons enjoy the rights to life, body, health, name, portrait, Rights to reputation, honor, privacy, marital autonomy and other rights.

Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.

Article 1,032 Right to Privacy Natural persons enjoy the right to privacy. No organization or individual may infringe on the privacy rights of others through spying, intrusion, leakage, disclosure, etc.

Privacy refers to the peace of private life of natural persons and the private space, private activities and private information that they do not want others to know.

2. Scope of the right to privacy

Civil Code (effective on January 1, 2021)

Article 1033 Infringement of privacy rights except Unless otherwise provided by law or with the express consent of the right holder, no organization or individual may commit the following acts:

(1) Intrude on the private life of others through phone calls, text messages, instant messaging tools, emails, flyers, etc. Tranquility;

(2) Entering, photographing, and peeping into other people’s homes, hotel rooms and other private spaces;

(3) Photographing, peeping at, eavesdropping on, and disclosing other people’s private activities;< /p>

(4) Photographing or peeping at other people’s private parts of the body;

(5) Processing other people’s private information;

(6) Infringing on others in other ways Privacy.

3. Common types of privacy rights

1. The right to freedom of personal life

The right subject engages or does not engage in some kind of social welfare according to his own will **Interestless or harmless activities that are not subject to interference, destruction or control by others.

2. Right to confidentiality of information

Personal life information, including all personal information and materials. Such as height, weight, female body measurements, medical records, physical defects, health status, life experience, property status, marriage and love, family, social relationships, hobbies, beliefs, psychological characteristics, etc. Rights holders have the right to prohibit others from illegally using personal life information. For example, they are not allowed to peek at private parts of a citizen's body, diaries, etc., and are not allowed to forcibly disclose their property status, social relations, or other information that is not known to the outside world without the consent of others, disseminated or disclosed to the outside world. private affairs, etc.

3. Right to confidentiality of personal communications

The rights subject has the right to keep the contents of personal letters, telegrams, phone calls, faxes and discussions confidential and prohibit others from illegally eavesdropping or stealing. The development of the privacy system is largely related to the development of modern communications. The rapid development of information processing and transmission technology allows the content of personal communications to be easily eavesdropped or stolen. Therefore, the security of personal communications is ensured. Privacy has become an important aspect.

4. Right to use personal privacy

Rights subjects have the right to use their privacy according to their own will in accordance with the law to engage in various activities that meet their own needs. Such as using personal life information to write an autobiography, using one's own image or body for painting or photography needs, etc. These activities cannot be interfered with illegally, but the use of privacy must not violate the mandatory provisions of the law or violate public order and good customs, that is, rights must not be abused. For example, using the private parts of one's body to create obscene materials should be considered illegal use of privacy, thus constituting an illegal act.

Every natural person has the right to privacy, and no one may infringe on the privacy rights of others in any way. Therefore, if a citizen wants to process his or her spouse's private information, he or she must first obtain the other party's consent, otherwise unauthorized processing may infringe upon the other party's privacy rights.