a few days,"The female driver of a special car in Chengdu was beaten on the street" has become the focus of public opinion.In addition,The provisions of this clause do not apply to state agencies that exercise the power to disclose personal information.There are currently no laws and regulations specifically targeting human flesh searches.For data leakage,Lu's father has called the police.
The lawyer said he suffered cyber violence,Due to the lack of a responsible party,It is often difficult to defend rights.There are also a large number of unconfirmed illegal vehicle information and house opening records.
Reality: "Human Flesh Search" is easily violated,The infringer is not liable,But an apology
The reporter sorted out more than ten human flesh search cases that have triggered public opinion in the past ten years.Only two cases where human flesh took legal measures to pursue accountability were found.The original post on the 6th that posted the personal information of the female driver has been deleted.Liu Gao introduced,usually,The harm of online infringing content can easily be magnified,Compared with infringement in the real world,The influence of communication in cyberspace will expand indefinitely.Human flesh search is carried out through communication between people,Many people will disclose some information to each other in a short period of time,And connect them through network technology.Currently,The assailant Zhang was detained on suspicion of causing trouble.Or check the network ip address of others,Then use certain technical means to obtain private information.How to determine the harmful consequences of infringement is the third biggest problem.and so, It is difficult to determine the consequences of damage.Netizens usually use chat accounts such as QQ and Weibo to retrieve other people's activities and relationships. And break through the game id password to obtain a mobile phone number.
The reporter found,This "human flesh search" is very effective,Starting from the picture, most of the information of the target person can be accurately collected within a few hours.however,According to the results of the statistical case,Some fulfilled people eventually apologized for the bad influence on society.在1个案件中,一名律师被任命发表声明,在其余7种情况下,没有人要对信息泄漏负责.如果是民事侵权,涉嫌侵犯他人隐私,赔偿金额和公开道歉是根据受害人的名誉和隐私受到损害而确定的。
5号网民披露了被殴打女司机陆某的身份证,生活照等个人信息。 都是个人隐私。在某种程度上, 他的举止引起了一些网民的厌恶,它在短时间内暴露在各个方向,曝光内容包括身分, 地址, 电话号码, 聊天帐户, 照片, 工作单位及相关信息。从首发阵容中也很难找到违规的痕迹。网友披露了大量女司机卢的个人信息,卢的父亲因互联网上的隐私泄露事件已向警方报告。没有对涉嫌侵犯隐私的一方进行法律调查。“第二个主要困难是侵权证据难以确定。您可以依法参考“互联网侵权司法解释”第12条,个人隐私和其他个人信息,例如自然人的遗传信息, 病历, 健康检查数据, 犯罪记录, 家庭地址, 私人活动, and many more。
Professor Wu Zongxian, Director of the Institute of Crime and Correction, Beijing Normal University Someone once said,"Human Flesh Search" has five characteristics: tools, high efficiency, participate, Diversity, And cross-border.The number of participants in the entire human flesh process is large and uncertain,Netizens exchange, Complement and enrich each other,Until you "dig out" other people's information.Is a double-edged sword,Improper use may lead to "Internet despotism" or Internet infringement.Netizens arbitrarily declare that this constitutes an invasion of privacy.Network content can be deleted at any time,and so, It is difficult to track the source on the internet.Such as the degree of confidentiality of the privacy holder, The scope of privacy dissemination, The subjective malignancy of communication and whether it is profitable are all areas of reference.If it constitutes a crime of insult or defamation, The maximum sentence is three years imprisonment.
Liu Gao said that finding the responsible party is the biggest difficulty in the process of protecting rights.Some content reposted on the Weibo account has also been deleted.
Liu Gao, a lawyer from Jinzhou Law Firm in Hunan Province, said,Personal mobile phone number, identity number, Room opening records and other information belong to the privacy category.however,A reporter from the Beijing News sorted out human flesh search cases in the past ten years.Only two cases of human flesh were found to be held accountable by legal measures.。Most of the topics in human flesh searches come from online disputes.In addition,According to Article 36 of the Tort Liability Law,Internet users and Internet service providers use the Internet to violate the civil rights of others,应承担侵权责任。该法规还提到，某些例外情况包括在必要范围内促进公共利益； 在互联网上自行发布的信息或其他合法披露的个人信息； 通过合法渠道获得的个人信息， 等等