Privacy refers to a kind of personality right that citizens enjoy the peace of private life, and private information is protected according to law, and is not illegally harassed, informed, collected, used and made public by others. The right to privacy gives the obligee the right to control private life, including the right to prevent others from stealing personal privacy and the right to decide whether to disclose privacy and the scope of disclosure to others.
Portrait right is the right that citizens can agree or disagree with others to use their portraits. The law stipulates that the portrait of a citizen shall not be used without his consent. Portraits and documentary photographic works cannot be published or exhibited in principle, even if they are purely non-profit exhibitions, without the consent of the portrait owner. Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. Portrait rights include citizens' ownership of their own portraits, the exclusive right to make portraits and the exclusive right to use portraits, as well as citizens' right to prohibit others from illegally using their own portraits or to damage or defile their own portraits. Criminals, untrustworthy executors, online advertising fraudsters and counterfeiters can expose their photos and videos, which does not constitute "infringement of portrait rights".
The loss of infringement of portrait rights is generally mental compensation, which is determined according to the following factors: (1) the degree of fault of the infringer, unless otherwise stipulated by law; (2) Specific circumstances such as means, occasions and behaviors of infringement; (3) Consequences caused by the infringement; (4) profits of the infringer; (5) The economic ability of the infringer to take responsibility; (6) The average living standard of the court of appeal.
The constitution of the liability for infringement of privacy or infringement of privacy interests must have the general elements of tort liability, that is, it must have four elements: illegal behavior, damaging facts, causality and subjective fault. The applicable imputation principle is the fault liability principle, but the no-fault liability principle and the fair liability principle are not applicable.