Right to peace and privacy

On March 23, the 15th session of the 13th National People’s Congress deliberated on the drafts of various parts of the civil code, in which the draft of the right to personality improved the definition of privacy and incorporated “peace of private life” into the right to privacy. The fourth draft revised the definition of privacy as follows: privacy is the quiet private life of natural persons and the private space, private activities and private information that are not known to others.
Refusing to harass is the “just need” of the Internet Age
This means that the right of tranquility, together with private space, activities and information, has become an important connotation of the right of privacy. For a long time, the right of tranquility has been a theoretical concept and has not been formally written into legislation.
With the economic development, especially the development of network technology, the right of tranquility has been paid more and more attention by legislators. It was first written into the decision on strengthening the protection of network information by the Standing Committee of the National People’s Congress in 2012. Article 7 of the decision establishes the right of citizens to refuse commercial advertisements on fixed phones, mobile phones and e-mail. Refusing commercial advertisement is the basic right of citizens to maintain the peace of life, and also the effective extension of privacy law in the protection system of personality right.
Before this, the community convention of a certain network platform also regards the right of tranquility as the basic right of users. In this Convention, the behavior of infringing the user’s cyberspace tranquility, such as private letter harassment, commercial advertisement, frequent @ and so on, is clearly regarded as a category of infringing the right of tranquility, and the obligee can shield it through technical means, of course, it can also be handled according to the contract reporting platform.
It can be seen that the situation of the application of the right of tranquility includes not only the offline real society, but also the online virtual community. From the legislative performance of the existing draft civil code, the right of tranquility is not formally separated from the right to privacy system, but determined by expanding the interpretation of the right to privacy.
There are two main considerations: first, the right of privacy is enough to cover the protection of the right of tranquility, and the connotation and extension of the two rights overlap more, and the right of privacy can absorb the right of tranquility; second, the infringement of the right of tranquility is mostly based on the infringement of personal information, for example, advertising and information harassment can only be carried out on the premise of obtaining citizens’ telephone, mailbox, user name, etc., and personal information is implicit The right of tranquility and the right of privacy are related to each other.
“Tranquility” enters the law and controls the receiving of information
Bringing the right of tranquility into the legal protection system of privacy plays an important and positive role in the development of the legal system of personality right in China. In the future, the application space of the right of tranquility is very large, and both online and offline may become an important hand in safeguarding the right of citizens to live in tranquility.
First, online and offline business publicity needs to strictly abide by the basic principles of the right to tranquility. Not to be disturbed is the core component of the right of tranquility. Internet advertising is not unable to be sent, but based on the basic principle of “prior consent” or “prohibition or stop”. At the same time, the form of advertisement sending must conform to the principle of the right of tranquility. Such “dog skin plaster” like pop ups, stickers and other advertising forms need to be well managed.
Second, there is a new hand for safeguarding rights in the peaceful life of the neighborhood. In addition to calling the police, citizens can also appeal to the court according to the provisions of the right of tranquility in the civil code for the legal liability of the infringer, including stopping the infringement and removing the nuisance.
Third, online “anti harassment” and other technical prevention and control measures will be better and better. According to the principle of the right of tranquility, the social platform should further modify the rules of the platform, return the user’s control over information reception to the user, and protect their rights by setting their own blackout, forbidding comments, etc.
Fourth, the right to tranquility will give more space to social public figures. Celebrities such as artists and online celebrities belong to the public, and their right to privacy, portrait and other personality rights should be derogated to some extent. However, if the public figure does not involve the public interest, the right of undisturbed and peaceful life should be respected. Therefore, the right of peace is more conducive to the peaceful life of public figures.
The right of peace and the right of privacy do not coincide completely
Although the right of tranquility and the right of privacy have a great overlap, we should also see that there are different aspects of application between the two sides. In the future development of personality right law, the right of tranquility may be independent and become a specific personality right.
First of all, the right of tranquility is more applicable than the right of privacy. For example, in the neighborhood, the dog barks at night for a long time downstairs to disturb the residents. According to the draft, the dog barks at night to disturb the residents can be regarded as violating the peace of life. If a lawsuit is filed with the court, the basis of the right of claim is determined to be that the right of peace is more appropriate than the right of privacy.
Secondly, the right of network tranquility is the right to block harassment. For example, in social platforms, there are @ behaviors of others, including harassment and other violations. However, this behavior does not need to know the user’s privacy information, as long as the name of the public account can be obtained, which is not a violation of personal information. If according to the draft, users need to apply the right of privacy to protect their rights, such an appropriate law is really questionable.
Finally, there are many kinds of online commercial advertisements, a large part of which are made in the way of infringing the user’s right of tranquility. For example, pop-up ads, welt ads, embedded ads, and so on. Some of these ads are sent with the consent of users, or meet the needs of network economic practice, but the way of sending them is disgusting or even disgusting. Therefore, the advertising law and other laws and regulations regard “one key close” as one of the basic rights of users of special advertisements. “One key off” is user peace