[Q&A] What Does Chinese Law Say About Privacy Breaches?
2025. 4. 11
Question: Is the act of personal information search or exposure illegal? How can privacy protection be balanced with the public's right to know?
Answer: Recently, the "Baidu Open Box" incident became a widely discussed topic online. The so-called "open box" refers to the public disclosure of others' private information through methods commonly referred to as "human flesh search." This behaviour not only raises ethical concerns but may also violate legal regulations by infringing on an individual's right to privacy.
According to the Civil Code and the Personal Information Protection Law, it is explicitly prohibited for any organisation or individual to unlawfully collect, use, process, or transmit personal information of others. Violators will bear corresponding legal responsibilities.
Article 1032 of the Civil Code stipulates that natural persons have the right to privacy, and it is prohibited for any organisation or individual to infringe upon this right through acts such as prying, intrusion, leakage, or public disclosure. Furthermore, Article 10 of the Personal Information Protection Law states that no organisation or individual may unlawfully collect, use, process, or transmit personal information of others, nor may they illegally trade, supply, or disclose such information. Breaching these regulations may result in administrative penalties, and in severe cases, such actions may constitute a criminal offence.
In the "Baidu Open Box" incident, certain internet users disclosed private information such as names, addresses, and contact details, resulting in online harassment or violence. Such acts clearly contravene legal provisions. While the public may have the right to know certain information, the exercise of this right must not come at the expense of infringing on others' privacy rights. Judicial authorities handling such cases typically consider the nature of the actions, their consequences, and the degree of subjective malice of the parties involved before delivering a verdict in accordance with the law.
From judicial practice, lawsuits arising from incidents involving personal information exposure have been increasingly common in recent years. For example, an internet user who disclosed another person's private information on social media, thereby causing online harassment, was eventually ordered by the court to compensate for emotional distress and issue a public apology. Such cases highlight the growing legal emphasis on protecting privacy rights.
It is important to remember that cyberspace is not a lawless space. The public must strictly adhere to legal regulations and respect others' privacy when exercising freedom of speech and the right to know. For businesses, platforms should strengthen content review processes, promptly remove unlawful information, and prevent similar incidents from occurring. Additionally, the public should enhance their legal awareness to avoid impulsive actions that may contravene the law.
In practice, individuals involved in privacy disputes are advised to promptly seek legal assistance to safeguard their rights through legitimate channels. Platforms should also establish robust complaint and resolution mechanisms to ensure effective protection of users' privacy.