In the era of network information, how can citizens' privacy not be streaked?

In the age of network information, can citizens' privacy be streaked?

Xie xiaowen

Recently, the media reported that pinhole cameras were found in individual hotels, fitting rooms and other places. According to the victim's report, the public security organ dealt with the suspect according to law and ordered the hotel involved to suspend business for rectification.

Events like this have been reported by the media from time to time before. Looking at the comments of netizens, this is impossible to prevent and there is no way. Nowadays, while people enjoy the convenience of life in the information age, some illegal organizations and individuals engage in illegal activities of collecting, leaking and selling citizens' personal information, and even take risks, using information technology to set up pinhole cameras in fitting rooms, hotels, homestays, rental houses and other environments to secretly shoot and spread citizens' privacy, infringe on citizens' legitimate rights and interests, and cause irreparable harm to victims.

This kind of sneak shot behavior and its wanton spread through the network will inevitably aggravate public anxiety, affect social stability, and is not conducive to the establishment of an honest business consumption environment. Judging from the current situation, such illegal and criminal incidents do occur frequently and cannot be ignored. However, to crack down on such illegal and criminal acts, it is more to investigate and deal with them afterwards to remind citizens to strengthen self-prevention. How to give priority to prevention, pay equal attention to punishment, and prevent and control the "streaking" of citizens' privacy, the author thinks that we should strengthen the "radical cure" from the following aspects to curb the spread of this bad atmosphere.

First of all, we should further improve laws and regulations. Privacy is the right of personal privacy, which is the right of citizens not to disclose or let others know their personal secrets, mainly including communication privacy and personal privacy. In order to maintain a normal life and spiritual peace, citizens often want to protect secrets in their private lives. Many countries in the world protect the right to privacy as a constitutional right.

The judicial interpretation clauses of China's Constitution, General Principles of Civil Law and other relevant laws and regulations clearly protect citizens' personal privacy. However, at present, China's "Criminal Law" does not provide penalties for infringement of privacy, which makes the current punishment and punishment for criminals insufficient. At the law enforcement level, many sneak shots do not constitute criminal offences. Only on the basis of Article 42 of the Law on Public Security Administration Punishment, those who peek, sneak shot, eavesdrop or spread others' privacy shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be imposed an administrative penalty of a fine of less than 500 yuan.

Therefore, according to the current situation, it is necessary to update the provisions and judicial interpretation of the criminal law on the punishment of infringing citizens' privacy, so as to severely punish criminals suspected of infringing citizens' privacy, and support the request for compensation for mental damage caused by infringing citizens' privacy in the revision and judicial interpretation of civil and other relevant laws and regulations, so as to increase the illegal and criminal costs of those who secretly photograph citizens' privacy.

The second is to improve the ability of scientific and technological prevention and control. As the saying goes, the road is one foot high and the magic is ten feet high. Photographers use information technology, equipment and scientific and technological means to engage in illegal and criminal activities in a hidden way. Relevant departments of public security management should intensify prevention and control, strengthen scientific and technological anti-candid means, actively organize and advocate relevant enterprises, strengthen advanced research in this field, produce and apply relevant security equipment and facilities, monitoring and early warning devices, publicize relevant knowledge and skills to prevent candid shots, actively promote the use of service industries and citizens, and ensure citizens' personal privacy and safety in the environment where they may encounter candid shots.

At present, the 5G era is fully accelerating. At that time, it will be driven by technology, extending from the connection between people to the interconnection of everything. Those who use information technology to sneak shots against citizens' legitimate rights and interests will inevitably use the high-speed and intelligent characteristics of 5G communication to carry out more hidden and more illegal and criminal activities. Therefore, we must strengthen the sense of hardship, study prevention in advance, and nip in the bud.

Finally, it is necessary to implement the linkage of group prevention and group treatment. It is not enough for the public security organs to crack down on the illegal and criminal acts of secretly photographing citizens' privacy in the information age. It is also necessary to mobilize the participation of the masses, multi-sectoral linkage, comprehensive policy, and prevention and treatment by the masses. For example, when reporting such cases, the news media should not create social anxiety and amplify such problems. If the media doesn't verify it, it is reported that 80% hotels in a certain place have candid cameras. The news media should try their best to reduce the secondary harm to the victims, and make criminals suffer the necessary public pressure in the network age, so that organizations and people with such ideas and behaviors dare not act.

Public security organs, market supervision, network supervision departments, industry associations, commercial platforms, etc. It is necessary to work together to set up relevant bonuses and encourage the public to report such problems and hidden dangers. For hotels and other places where such problems occur and online platforms that disseminate relevant videos, in addition to punishing criminals according to law, we should also strictly investigate the responsibilities of relevant legal persons and operators based on the principle of "whoever manages is responsible", and give necessary measures such as suspension of business for rectification, economic punishment, demotion of business trust, blacklisting, and restriction of operation, and inform the society of the situation.

Respecting citizens' right to privacy is the bottom line of the information age. Only by strengthening prevention beforehand, "radically" at the source, paying equal attention to prevention and control beforehand and handling afterwards, and "yelling at everyone" for illegal and criminal acts, can citizens' privacy be locked, privacy be prevented from streaking, and a happy new life endowed by the information age be truly enjoyed.

Xie Xiaowen: critic, writer and strategic scholar. Mainly comment on current politics, commerce, railways and culture.