Recently, Hefei, Anhui Province. One woman said she had been deceived by using WeChat File Transfer Assistant, and one of her WeChat friends changed her name and profile picture to File Transfer Assistant, and the woman believed it.
In the past 5 years, she has sent a lot of data and documents involving personal privacy, until recently the other party suddenly changed her name and posted two moments of friends, the lady realized that she had been deceived, and she thought that the other party deliberately ** her own life.
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At present, the woman has called the police, and the other party's user has been banned by WeChat, and an investigation has also been launched.
After seeing this news, many netizens were the same, and they were so frightened that they immediately went to check whether the "file transfer assistant" they used was real. So, legally, what are the legal consequences of fishing in such troubled waters and obtaining other people's personal privacy by illegal means? Let's hear from a professional lawyer. , duration.
Wang Xinghua, director of Beijing Jingyun Law Firm, saidThe personal information and privacy of Chinese citizens are protected by law, and the Civil Code clearly stipulates that no organization or individual shall infringe upon the privacy rights of others by means of espionage, intrusion, leakage, disclosure, etc., and shall not steal or obtain personal information by other illegal means. For individuals whose privacy rights have been infringed, the infringer may be required to stop the infringement, eliminate the impact, make a formal apology, etc., and if there are losses, the infringer may also be required to compensate for their own losses.
Lawyer Wang Xinghua also mentioned:In addition, according to the provisions of the Public Security Administration Punishment Law, individuals who eavesdrop or disseminate other people's privacy may face administrative penalties of fines or detention; If citizens' personal information is stolen or obtained by other means, and the circumstances are serious, such as illegally obtaining or providing it to others for criminal use, it will also constitute the crime of illegally obtaining citizens' personal information, and they must bear corresponding criminal responsibility.
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Civil Code
Article 110:Natural persons enjoy rights such as the rights to life, body, health, name, likeness, reputation, honor, privacy, and marital autonomy.
Article 1032: Natural persons enjoy the right to privacy. The privacy rights of others must not be infringed upon by any organization or individual by means such as espionage, invasion, leakage, or disclosure.
Privacy refers to the tranquility of a natural person's private life and the private space, private activities, and private information that he or she does not want others to know.
Article 1033: Except as otherwise provided by law or with the explicit consent of rights holders, the following conduct must not be carried out by any organization or individual:
1) Intruding on the tranquility of others' private lives by means such as **, text messages, instant messengers, e-mails, leaflets, etc.;
2) Entering, photographing, or peeping into other people's residences, hotel rooms, or other private spaces;
3) Photographing, peeping, eavesdropping, or disclosing the private activities of others;
4) Photographing or peeping at the intimate parts of another person's body;
5) Handling the private information of others;
6) Infringing on the privacy rights of others in other ways.
Article 1034: The personal information of natural persons is protected by law.
Personal information refers to all kinds of information recorded electronically or otherwise that can identify a specific natural person, either alone or in combination with other information, including the natural person's name, date of birth, ID number, biometric information, address, ** number, email address, health information, whereabouts information, etc.
For the private information in personal information, the provisions on privacy shall apply; Where there are no provisions, the provisions on the protection of personal information shall apply.
Penal Code
Article 253-1: [Crimes of Infringing on Citizens' Personal Information] Where relevant state provisions are violated by providing citizens' personal information to others** or to others, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Where relevant state provisions are violated by providing citizens' personal information obtained in the course of performing duties or providing services, or providing it to others, a heavier punishment is to be given in accordance with the provisions of the preceding paragraph.
Where citizens' personal information is stolen or otherwise illegally obtained, punishment is to be given in accordance with the provisions of the first paragraph.
Where a unit commits the crimes in the preceding three paragraphs, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of those paragraphs.
Law on Administrative Penalties for Public Security
Article 42: Those who commit any of the following acts are to be detained for up to 5 days or fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB
1) Writing threatening letters or otherwise threatening the physical safety of others;
2) Publicly insulting others or fabricating facts to slander others;
3) Fabricating facts to falsely accuse and frame others, in an attempt to cause others to be criminally prosecuted or subject to public security administrative sanctions;
4) Threatening, insulting, beating, or retaliating against witnesses and their close relatives;
5) Repeatedly sending **, insulting, intimidating, or other information, interfering with the normal lives of others;
6) Eavesdropping or disseminating other people's private information.