Is the information in the mobile phone counted as property? (People concerned)
In the information age, losing a mobile phone is sometimes more troublesome than losing money.
Ms. Zhang, a citizen of a certain city, has had a deep experience recently.
Not long ago, when Ms. Zhang was walking in the neighborhood park near her home, she suddenly found her mobile phone missing.
Ms. Zhang hurriedly called by phone and prompted the phone to shut down, so she called the mobile customer service to report the loss, and immediately dialed 110 to report the case.
Soon, the police arrived and called out surveillance video at the park management office.
It turned out that Ms. Zhang accidentally dropped her mobile phone on a park bench and was quickly picked up by a man wearing sunglasses.
The police followed the surveillance clues, and Ms. Zhang also asked the neighborhood committees for help to post information about seeking opportunities in the WeChat group of the owners of the surrounding communities.
The next morning, Ms. Zhang received news that the man lived in a nearby community.
The police conducted investigations with the cooperation of the property.
That night, a lady brought Ms. Zhang's lost mobile phone.
But when Ms. Zhang turned on the phone and looked at it, all the data stored in it disappeared, and the address book, photos, chat history, and data accumulated over the years were all gone.
The woman explained that it was her son who was in junior high school who cracked the phone code and restored the phone to factory settings according to online instructions.
After Ms. Zhang took this mobile phone to the manufacturer, the staff said that the data could not be recovered.
Ms. Zhang was holding a blank mobile phone, feeling distressed and helpless.
Mobile phones are not expensive, and after years of use, they are not valuable.
For her, the value of mobile phones is more reflected in the information stored.
Under this circumstance, can Ms. Zhang make a claim against the other party, and what kind of standard should she claim?
The reporter interviewed two lawyers.
Wang Wensheng, director of Beijing Guanheng (Changchun) Law Firm, believes that the Civil Code clearly stipulates that the lost property should be returned to the obligee if the property is found; the obligee shall promptly notify the obligee to receive it, or send it to the public security and other relevant departments.
"The law stipulates that the lost property cannot be disposed of at will. If the finder deliberately damages the mobile phone, such as deliberately damaging and deleting relevant data, materials, photos, etc., causing damage to the mobile phone or irreversible data file damage, he shall be liable for compensation, including compensation Both material loss and mental damage." Wang Wensheng said.
Chi Rida, vice president of the All-China Lawyers Association, believes that the Civil Code stipulates that the finder shall properly keep the lost property before it is delivered to the relevant department. If the lost property is damaged or lost due to deliberate or gross negligence, he shall bear civil liability.
In the case of Ms. Zhang, the finder actually caused the loss of mobile phone data and information, which was suspected of deliberately destroying the lost property.
"The Civil Code stipulates that property losses are calculated based on the market price at the time of the loss or other reasonable methods. However, in my country's judicial practice, it is also necessary to establish a property evaluation standard system for new intangible assets such as valuable data and information." Big talk.
Our reporter Meng Haiying