Traditional Culture Encyclopedia - Photography and portraiture - Does the husband have the right to check his wife's mobile phone?

Does the husband have the right to check his wife's mobile phone?

Legal analysis: A husband can't check his wife's mobile phone without her permission, if it violates personal privacy.

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

Article 1032 Natural persons shall 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 Unless otherwise provided by law or expressly agreed by creditors, 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.

Article 1034 Definition of Personal Information The personal information of natural persons is protected by law. Personal information is all kinds of information recorded electronically or in other ways that can identify a specific natural person alone or in combination with other information, including natural person's name, date of birth, ID number, biometric information, address, telephone number, e-mail address, health information, whereabouts information, etc. The privacy information in personal information shall be subject to the provisions on privacy; If there are no provisions, the provisions on the protection of personal information shall apply.

Article 1035 Principles and Conditions for Handling Personal Information The handling of personal information shall follow the principles of legality, justice and necessity, and shall not be over-handled, and meet the following conditions:

(1) Obtaining the consent of the natural person or his guardian, except as otherwise provided by laws and administrative regulations;

(2) Rules for publicly handling information;

(3) Clearly explain the purpose, mode and scope of information processing;

(four) does not violate the provisions of laws and administrative regulations and the agreement between the two parties.

The processing of personal information includes the collection, storage, use, processing, transmission, provision and disclosure of personal information.