In the era of big data, privacy violations happen frequently! Don't be afraid, the Civil Code supports you
◎ Chen Yu, reporter of Science and Technology Daily
A private enterprise owner installed a camera in the toilet, and then watched on the monitor which worker was "grinding foreign workers" in the toilet.
After a worker found out, he took the boss to the court.
Because of the Civil Code, the boss not only has to take down the camera, but also bear the legal responsibility, because of the violation of privacy.
In May this year, the Third Session of the Thirteenth National People's Congress voted and passed the "Civil Code of the People's Republic of China" (hereinafter referred to as the Civil Code).
The Civil Code has 7 chapters of 1,260 articles and more than 100,000 words. It is a law with the most articles, the largest volume, and the most complex structure in the legal system of our country.
The vitality of the law lies in its implementation.
General Secretary Xi Jinping once emphasized the need to strengthen the popularization of the Civil Code.
If the civil code is to be implemented well, it must be brought to the side of the masses and into the hearts of the masses.
Wang Liming, former executive vice president of Renmin University of China and chairman of the Civil Law Research Association of the Chinese Law Society, recently gave lectures to court officers on the topic of "Legislative Highlights, Features and Application of Personal Rights in the Civil Code".
In his lecture, he concluded that the Civil Code responded to the problems of the times brought about by the explosion of science and technology in the age of Internet, high technology, and big data.
Personality rights are related to the personal dignity of everyone and are the most basic rights of civil subjects.
The independent compilation of personality rights is also the biggest highlight of the compilation of the Civil Code.
The Personality Rights of the Civil Code uses a variety of articles to stipulate important rights such as the right to life, health, reputation, and privacy.
According to Yang Lixin, a professor at the School of Law of Renmin University of China, who participated in the compilation of the Civil Code, the right to privacy is a particularly important right, which can safeguard human dignity, just like going to the streets in a coat.
In the Tort Liability Law reviewed and passed in December 2009, my country clearly stipulated the right of privacy in civil rights for the first time, but it did not stipulate what the right of privacy includes.
The Civil Code stipulates the right to privacy from two aspects: what is the right to privacy and what kind of situation is a violation of the right to privacy.
Especially in the section "What does the right to privacy include", it is mentioned that "privacy is the tranquility of the private life of a natural person and the private space, private activities, and private information that are unwilling to be known to others."
With the rapid development of the Internet, the privacy and personal information of natural persons are leaked or illegally provided to others.
In response to the infringement of personal information caused by the development of technologies such as the Internet and big data, the Civil Code stipulates the rules for the protection of personal information: personal information of natural persons is protected by law.
Any organization or individual who needs to obtain the personal information of others shall obtain and ensure the security of the information in accordance with the law, and shall not illegally collect, use, process or transmit the personal information of others, and shall not illegally trade, provide or disclose the personal information of others.
Wang Yi, vice president and secretary of the Party Committee of the School of Law and Dean of Renmin University of China, explained that sometimes leaking personal information does not reach the level of using criminal law to pursue criminal responsibility. Using civil law to seek relief is equivalent to forming a three-dimensional and comprehensive personal information protection. French Open.
Since the founding of the People’s Republic of China, my country has conducted the drafting of the Civil Code four times, but it has not been completed due to various reasons.
Yang Lixin once said in an interview with reporters that on the surface, the seven chapters of the Civil Code seem to be scattered, but they actually have a very rigorous logical system. One of the red lines or the main line is the confirmation and protection of civil rights.
The General Regulations adopts the method of extracting common factors to determine the basic rules for the confirmation and protection of civil rights.
In the sub-rules, the property rights, contract, personality rights, marriage and family, and inheritance have made specific provisions around the confirmation and protection of the five rights.
The last part is the seventh part, that is, the infringement liability part, which protects all the rights confirmed in the previous parts.
French thinker Montesquieu said that in the eyes of a motherly civil law, every individual is the entire country.
In real life, everyone's birth, old age, sickness and death, clothing, food, shelter, and transportation are closely related to the civil law, as well as the age of life.
Source: Science and Technology Daily