Whoever is suspected of infringing on the privacy rights of others, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely a fine. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined. . The right to privacy is a fundamental human right supported by many legal systems. It refers to a kind of personality right in which the peace of private life and the confidentiality of private information enjoyed by natural persons are protected in accordance with the law and are not illegally intruded, known, collected, utilized and disclosed by others.
Legal Analysis
The sentencing standards for infringement of privacy are as follows: Those who illegally search other people’s bodies or homes, or illegally invade other people’s homes, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; concealment, destruction Or illegally opening other people's letters, infringing upon citizens' rights to freedom of communication, and if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention; postal workers who open, conceal, or destroy mail or telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. etc. As one of the personality rights, the liability for infringement of privacy rights is the same as the infringement of other rights. It must meet the general elements of tort liability, namely subjective fault, illegal conduct, fact of damage, and causal relationship. Subjective fault exists, and privacy infringement is a general tort. The perpetrator must be subjectively at fault to constitute tort liability. Intention or negligence does not matter, but the form of fault affects the severity of the tortfeasor's legal liability. Behavior that infringes on the privacy of others is negatively evaluated by the law because it directly violates legal provisions or violates social ethics, making the behavior illegal. Damage is the result of tortious behavior. As a factual state, there are three main manifestations: property loss, damage to personal interests and mental pain. In tort law, causation is to determine the connection between the actor's behavior and the result. There is often a direct correlation between the behavior that infringes on privacy rights and the fact of damage. The consequences of infringing on privacy rights are manifested in the spillover of the rights holder's self-controlled information and the private domain. The fact that the intrusion into life is caused by the infringement, in other words, the rights subject suffers damage to his personal interests due to the illegal act.
Legal basis
Article 1032 of the "People's Republic of China and Civil Code" 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 is a natural person's private life and peace, and the private space, private activities, and private information that he does not want others to know.
Article 246 of the "Criminal Law of the People's Republic of China" , control or deprive political rights. The crimes in the preceding paragraph will only be dealt with upon complaint, except for those that seriously endanger social order and national interests. If the victim commits an act stipulated in paragraph 1 through an information network and reports it to the People's Court, but it is really difficult to provide evidence, the People's Court may request the public security organs to provide assistance.