In love, he sent 6,000 information to invade the women's life court: infringement of privacy!
Author:Guangzhou Daily Time:2022.09.09
Because of the failure of love, the man even used extreme means to send up to 6,000 information to the woman in just five months, and went to the woman's residence to disturb her normal life. The woman couldn't bear it, and she sued the court in a paper complaint, asking the man to stop invasion and apologize immediately. The reporter was informed today that after the court was tried in this case, it was determined that the man would infringe privacy, and the decision would stop the woman's living peace through telephone, SMS, instant messaging tools, and door -to -door. The court pointed out that the use of instant messaging tools to send a large amount of information to specific objects from time to time, which causes infringement of the privacy of others to infringe on others' privacy.
The man cannot send a number of information to invade the life of the woman
Li Hong (pseudonym) and Zhang Wei (pseudonym) met and became friends in July 2018. After the relationship, the two sides found that their personality was not in love, and eventually did not establish a love relationship.
Since early January 2021, Zhang Wei has continuously sent information to Li Hong through communication tools such as WeChat and Alipay and went to Li Hong's residence to disturb, which has affected Li Hong's normal work and life. After Li Hong called the police, Zhang Wei still did not stop the above behavior. To this end, Li Hong then filed a lawsuit with the court, asking Zhang Wei to stop invading and apologized immediately.
The Enping People's Court tried that Zhang Wei did not want to receive and recover the information from January to May because Li Hong was unwilling to receive or reply to the information because he failed to establish a love relationship with Li Hong. There are as many as 6,000 pieces, and the time, content, and frequency of sending information have exceeded the normal emotional communication between friends. During this period, Zhang Wei also went to Li Hong's residence to disturb his normal life. Zhang Wei's behavior has invaded Li Hong's private life. According to the provisions of Article 1032 and Article 1033 of the Civil Code, it is an act of infringing privacy. Then he decided that Zhang Wei would invade Li Hong's living peace through telephone, SMS, instant messaging tools, and door -to -door.
The court pointed out that maintaining and enjoying the privacy of citizens with a personal life is the scope of privacy. At present, except for the above -mentioned harassment such as harassment such as harassment of other people, it occurs when harassing the specific space of others. It is also a more common situation of invasion and harassment of other people through emails, SMS, telephone and other media to invade and harass others. In this case, in the case of the plaintiff's unwillingness to receive and recover the information, the defendant still sends a lot of information from time to time and uninterrupted through instant messaging tools, and even to disturb the plaintiff's normal work and life. Article 303 stipulates the right to infringe on the privacy of others. This case gives full play to the legal protection function of the "Civil Code" for personality rights, and realizes the protection of the personality rights of civil subjects in accordance with the law.
Explanation: What is "privacy"? In daily life, what are the main situations of infringing privacy?
Article 1032 of the Civil Code clearly stipulates that privacy is a private life, private space, private activities, and private information that is unwilling to know for others. According to Article 1033 of the Civil Code, the main circumstances of infringing privacy include: to invade the private life of others with telephone, SMS, instant messaging tools, emails, and leaflets; Private spaces such as residential and hotel rooms; shooting, peeping, eavesdropping, disclosure of private activities of others; the private parts of shooting and peeping at others; handling private information of others, and so on.
What kind of relief ways can be taken when citizen privacy is infringed?
When citizens' privacy is infringed, in accordance with the provisions of Article 179 of the Civil Code, the infringer shall be requested to bear the infringement liability such as stopping infringement, compensation for losses, and apology. The "compensation loss" here mainly includes three types: property damage compensation, personal damage compensation and mental damage compensation. It is necessary to determine the specific situation of the case.
Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Title Picture/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Guangzhou Daily · Xinhuacheng Editor: Long Chengliu
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