Source: Xiaoxiang Morning News
"I can’t help but open a room with other women with his child for more than 7 months. Whoever such a man wants to be rare …" In September 2019, Mr. Chen’s ex -wife asked the apartment to open Mr. Chen to check in.The apartment room also retracted the surveillance and sent a circle of friends.
Mr. Chen lost his job. He believed that the apartment did not keep his personal whereabouts and complained the apartment to the court on the grounds that privacy was violated.
Recently, the People’s Court of Huadu District, Guangzhou City, Guangdong Province tried the case, and Mr. Chen was compensated for 15,000 yuan.
His ex -wife lost his job after "catching rape"
Mr. Chen was originally a husband and wife relationship with Ms. Chen. The two sides applied for divorce registration on June 14, 2019.
From September 15, 2019 to September 17, 2019, Mr. Chen went through the check -in procedures at Guangzhou Yunhong Apartment Property Management Co., Ltd. (hereinafter referred to as "Yunhong Company", which cost a total of 684 yuan.
On September 16, 2019, while Mr. Chen went out to work, Ms. Chen secretly came to the apartment he stayed in, and told Yunhong Company to be "Mr. Chen’s wife".rest.
Ms. Chen saw Mr. Chen’s payment voucher and marriage certificate with Mr. Chen, which was seen by the staff of Yunhong Company, and just completed the birth check in July during pregnancy, and opened the door of Mr. Chen."We called Mr. Chen, but he didn’t answer it. We also provided better services."
Ms. Chen, who entered the room, did not take a good rest. Soon she found an excuse and requested the surveillance to check the surveillance on the grounds of "loss of necklace".
Under the operation of this series, Ms. Chen not only took the opportunity to take a picture of the room status of Mr. Chen’s stay, but also recording the monitoring screen of Mr. Chen.
After that, Ms. Chen sent the photos and video pictures to the WeChat circle of friends, and stated that the text "The bitch and the woman who had a husband went to open the room and wanted to lie to me. It was ridiculous.For many months, I couldn’t help opening a room with other women. Whoever such a man would be rare? Scumbag men, I do n’t know ashamed. What else can I say when I see these? Only helpless, blame myself to meet people. "
Because of the operation of his ex -wife, Mr. Chen also paid the price.After the incident was learned by Mr. Chen’s work unit, for this reason, a company in Guangzhou, who worked in Guangzhou, issued a penalty notice on September 18, 2019.The behavior is true after verification. Due to the bad behavior of being a senior management of the company, it has caused serious damage and impact on the company’s image. After the company’s research decision, Mr. Liu made the following: 1. Give fire treatment; 2. Give it to give it;Cancel the year -end dividend shares.
Court: Hotel behavior damages the customer’s peaceful state
Privacy was exposed and the work was gone. On September 18, 2019, Mr. Chen called the police station in Huadu District. After the police went out of the police, he retrieved the relevant surveillance video."It can be confirmed that Yunhong Company does open the door without permission, and also acknowledge this fact."
Mr. Chen believes that Yunhong’s behavior seriously infringes his privacy, which has led him to lose his work, lose his economic source, and has a huge impact on his life, and his spirit has also suffered great pain.On the grounds that privacy was violated, Yunhong Company apologized and compensated 80,000 yuan of mental loss.
The court trial believes that the right to privacy refers to a kind of personality rights that natural people enjoy the peace and private information secretly be protected according to law.You can intervene in your private life, and have the right to decide whether your privacy is disclosed and disclosed to others.
The enjoyment of privacy includes both the hidden information of private secrets and the enjoyment of peaceful life. Any personal information that has nothing to do with the interests of public interests and other people has the right to maintain and hide.It can be a information that is good for yourself, or it can be a information that is not good for yourself.
Mr. Chen handled the apartment operated by the defendant, and the two sides formed a legal relationship of consumer contracts.To this end, the defendant Yunhong Company should protect Mr. Liu’s privacy in accordance with the law. The information and whereabouts of Mr. Chen’s stay should be carefully kept secret, so as not to be invaded, known, collected, utilized and disclosed by others.
In this case, the defendant provided a chance to send the photos and videos collected to Ms. Chen to the circle of friends, so that others were not willing to be known by Mr. Liu by others.
Looking at the behavior of the defendant Yunhong Company, from a subjective point of view, due to the serious fault behavior of Yunhong Company and the failure to deal with it carefully, there are subjective faults;The gentleman agreed to open the room he checked in for Ms. Chen, and Mr. Chen’s peaceful state was violated.In addition, due to the negligence of Yunhong Company, the monitoring video picture was illegally obtained by Ms. Chen, and Yunhong’s behavior was inappropriate and illegal.
Mr. Chen was disturbed by others, his peaceful state has been broken and violated, and unnecessary interference and pain have been caused by his soul.
Mr. Chen had a divorce registration with Ms. Chen in June 2019. Even if Ms. Chen was still the wife of Mr. Chen at the time, because she was not a consumer who registered, without the confirmation or consent of Mr. Chen, Yun HongThe company cannot open the room to Ms. Chen, otherwise Mr. Chen’s rights will not be guaranteed.
The court emphasized that if the two actions of Yunhong Company are "legitimate or reasonable", or they consider that they do not constitute infringement, then customers who stay in Yunhong will cause unforeseen infringement. Customers may be casually affected by others.Knowing and disturbing, the customer’s restless matters will happen at any time.In the long run, it is possible to encourage the defendant to give up higher attention obligations and ensure the safety of customers’ lives and property. The order of life will develop unhealthy and even deformed.On the contrary, it is required that Yunhong Company should bear appropriate attention obligations and bear certain responsibilities. It will also make the business entity similar to the defendant who has a high degree of guarantee of customer information security obligations and regulates business subjects in accordance with the law.
Regarding whether Mr. Chen has a moral style problem in an outside house, or betraying the loyalty of husband and wife, it belongs to the category of morality or other legal norms. It should belong to another legal relationship, not a legal relationship in this case.Even if the plaintiff violated the moral style, it could not exempt the defendant’s legal rights and interests of the plaintiff.
Xiaoxiang Morning News reporter Zhou Lingru reported