Is it illegal to take pictures of others without permission?

Whether the sneak shot is illegal depends on the situation, and the specific analysis is as follows:

1, using photos as avatars, if used normally, does not aim at making profits, and does not constitute infringement of portrait rights;

2. If the portrait of the portrait owner is used for profit without the permission of the portrait owner, causing actual damage to the portrait owner, the user shall bear the tort liability (portrait right).

The composition of liability for infringement of portrait rights must meet three conditions, namely:

1, the first condition for infringement of the right and responsibility of portrait is the use of portrait. Strictly speaking, the portrait is exclusive to the owner of the portrait, and users are not allowed to make its portrait without permission. Portraits used in violation of the right to portrait include all visual art works and their replicas that reproduce the image of citizens. This kind of use includes not only commercial use, but also all the use behaviors such as the publication, display and reproduction of portraits. Commercial use and non-commercial use can be published, displayed or copied;

2. Use without the consent of the portrait owner. Portrait right is the exclusive right of citizens, and others should follow the agreement with the portrait right holder when using portraits. It is illegal to use the portrait right without the consent of the portrait right holder, which undermines the exclusiveness of the portrait right. At the same time, it is subjectively wrong to use the portrait without the consent of the portrait owner. In general, the subjective form of the actor's infringement of portrait right is intentional, because the use of portrait is a conscious behavior of the actor, and he usually does not misuse other people's portraits because of his careless psychological state. But it does not rule out the possibility of negligence infringing on the right of portrait. For example, unauthorized use of portraits as fictional character paintings also constitutes infringement;

3, unimpeded but illegal use. Although the portrait of others is used without my consent, it is legal to use it if there are illegal reasons. The so-called obstruction is illegal, which refers to the rational use of citizen portraits that must be made or used for national interests, social interests or citizens' own interests. It should be noted that it is sufficient to have the above three elements for the composition of liability for infringement of portrait rights, and it is not allowed to advocate that making profits is an essential element for the composition of liability for infringement of portrait rights.

Acts that infringe on personal privacy include: (1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others; (3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment; (4) Threatening, insulting, beating or retaliating against witnesses and their close relatives; (5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 10 19 of the Civil Code of People's Republic of China (PRC).

No organization or individual may use information technology to deface, deface or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law. Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.