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Editor's Note:
The Civil Code, which came into effect on January 1, 2021, enters thousands of households, like a new network of highways, drawing rules and dimensions for everyone's social life. There are thousands of roads, safety is the first, how to enter and exit safely and at high speed in this complex "high-speed network"? The "Shanghai Songjiang Court" WeChat public account launched the Multi-dimensional Popularization Law series "Civil Code Knows". Here are vivid and interesting stories of legal popularization, the analysis and interpretation of real cases, and the answers to hot and difficult issues in society, so that the Civil Code can come to your side and enter your heart.
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Protection of personal information in the Civil Code
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Privacy protection in the Civil Code
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Meaning of privacy in legal provisions
Regarding the privacy system, it appeared late in China's legal system, the Law on the Protection of Women's Rights and Interests, which was amended in 2005, recognized the privacy system for the first time, and the Tort Liability Law introduced in 2009 for the first time recognized the right to privacy as a civil right to protect. Prior to this, the privacy protection system mainly existed in judicial interpretations, and all of them placed privacy under the category of reputation rights for protection.
For example, in the 1988 Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the < General Principles of the Civil Law> of the People's Republic of China (for Trial Implementation), it was stipulated that "publicizing the privacy of others, or fabricating facts to blatantly defame the personality of others ... Where a certain impact is caused, it shall be found to be an act infringing on citizens' right to reputation."
For another example, the Supreme People's Court's 1993 "Answers to Several Questions Concerning the Trial of Cases Concerning the Right to Reputation" stipulates: "Whoever, without the consent of others, publishes the private materials of others without the consent of others or publicizes the privacy of others in writing or orally, causing damage to the reputation of others, shall be treated as infringing upon the reputation of others." The Civil Code, which came into effect on January 1 this year, has set aside a special chapter to provide for the protection of privacy, highlighting the importance that the judiciary attaches to the protection of citizens' privacy in the new era.
Article 1032:Natural persons enjoy the right to privacy. No organization or individual may infringe upon the privacy rights of others by means of spying, intrusion, leakage, or disclosure.
Privacy is the private space, private activities, and private information of natural persons whose private life is peaceful and unwilling to be known to others
Two levels of legal provisions
First, the subjects enjoying the right to privacy are limited to natural persons, legal persons, and unincorporated organizations. For example, companies, partnerships, industry associations, village/neighborhood committees, etc. do not enjoy the right to privacy, mainly because privacy is closely linked to people's spiritual interests and personal dignity, and related to it is the tranquility of people's private lives and the benefits of solitude enjoyed according to law, legal persons, unincorporated organizations as organizations, there is no such need, and their confidentiality needs can be protected by legal systems such as trade secret protection and anti-unfair competition.
Second, the content of privacy rights includes four specific aspects of private life tranquility, private space, private activities, and private information.
- It's time to answer Mr. Lee's doubts -
The answer is yes! The tranquility of private life falls within the scope of the right to privacy under the Civil Code.
The tranquility of private life under the right to privacy refers to the right of natural persons to be free from intrusion or obstruction by others in their daily lives. People have both natural and social attributes, and while they are eager to interact with others, they also need to be alone, and they need to maintain the tranquility of their private lives in a specific time and space, and they are not disturbed. It can be said that the stability and tranquility of private life is the premise and basis for individuals to obtain self-esteem and security, and natural persons certainly have the right to exclude the intrusion of others from their normal lives. The illegal collection and use of Mr. Li's personal information by relevant institutions, and the frequent calls of relevant personnel to Mr. Li to promote loans, insurance, training products, etc., have invaded Mr. Li's normal life and tranquility, constituting an infringement on Mr. Li's right to privacy.
Article 995:Where personality rights are infringed, the victim has the right to request the perpetrator to bear civil liability in accordance with the provisions of this Law and other laws. The victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the impact, restore the reputation, and make a formal apology shall not apply to the provisions of the statute of limitations.
Paragraph 1 of Article 1183 Where infringement of the personal rights and interests of natural persons causes serious moral damage, the infringed person has the right to request compensation for moral damages. ”
The way in which the applicant is required to bear civil liability
The methods of liability include stopping the infringement, removing the obstruction, eliminating the impact, making a formal apology, and compensating for moral damage.
The scope of the subject of the claim for tort liability
Those who commit acts of intrusion and undermine the peace of life of others, such as constantly harassing the sales company of the parties through telephone calls, text messages, etc. At the same time, those who illegally collect, use, and disclose the private information of others, such as intermediaries, distribution agencies, and education and training institutions, can also claim civil liability for them based on the infringement of privacy rights and private information.
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Natural persons enjoy the right to maintain a peaceful state of private life, and when this state of tranquility is disturbed, natural persons have the right to directly request the perpetrator to stop the infringement or request the judicial organs to protect it, which is the practical significance of the Civil Code to include the tranquility of private life in the protection of the right to privacy. The Civil Code incorporates the tranquility of private life into the protection of privacy, which is not only the improvement and development of the legal system for the protection of privacy, but also the change made by the law in response to the needs of the times, and it is also the embodiment of the law's protection of personal life and the people's beautiful and happy life.
Source| Shanghai Songjiang District People's Court
Author: Zhou Pengyu
Comic: Shen Huan
Responsible Editor | Zhang Qiaoyu
Statement| please indicate that it is from the "Shanghai High Court"