Is it illegal to smoke in the factory toilet and be photographed by the leader?

Legal analysis: It is not illegal for the photographer to be photographed smoking in the toilet of the employer. Photographers do not shoot in private areas for profit, which is not defined as infringing on the portrait rights or privacy rights of others.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1020 The following acts may be reasonably carried out without the consent of the portrait owner: (1) Using the public portrait of the portrait owner within the necessary scope for personal study, art appreciation, classroom teaching or scientific research; (2) Inevitably making, using and publicizing the portrait of the portrait holder for the purpose of news reporting; (three) the state organs to perform their duties according to law, within the necessary scope to make, use and publicize the portrait of the obligee; (4) Inevitably making, using or making public the portrait of the obligee in order to show the specific public environment; (5) other acts of making, using or publicizing portraits of portrait owners in order to safeguard public interests or the legitimate rights and interests of portrait owners.

Article 103 Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may commit the following acts: (1) Interfere with the private life and peace of life of others by means of telephone, short messages, instant messaging tools, e-mails, leaflets, etc. ; (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.