Can the community security check the owner's vehicles entering and leaving the community? Is this behavior illegal?

Community security belongs to the property management company, and can only register vehicles entering and leaving the community (entry time, departure time, license plate, etc. The security guard has no law enforcement power, and the vehicle is the owner's personal belongings. Checking the interior of the vehicle without permission infringes on the legitimate rights and interests of the owner. If security guards check the information inside the owner's car privately, it may constitute an invasion of privacy.

Legal analysis

Privacy, as one of personality rights, constitutes the responsibility of violating privacy. Like other rights, it must have the general elements of tort liability, namely, subjective fault, illegal behavior, damage facts and causality. Infringement of privacy is a general tort, which requires the subjective fault of the actor to constitute tort liability. Intention has nothing to do with negligence, but the form of fault affects the liability of the infringer. Acts that infringe on others' privacy are negatively evaluated by the law because they directly violate the law or violate social morality, making them illegal. Privacy is an absolute right, which has a universal influence on the world. It requires any unspecified person to have the obligation not to invade others' privacy, and any violation of this obligation is classified as invasion of privacy unless there is justifiable defense. Usually, this kind of infringement is manifested in the form of behavior, and it is not necessary to reveal the privacy of others. Combined with the diversity of behavior types and the development of privacy connotation, it can be basically divided into two categories: behaviors that infringe on private space and behaviors that infringe on private information. Damage is the result of tort. As a factual state, there are three main manifestations: property loss, personal interest damage and mental pain. Invasion of privacy is not directly related to property interests, and sometimes even no property interests are damaged at all. It is often the damage of personality interests that is impacted, usually accompanied by mental pain. Of course, this does not deny the economic losses caused by privacy damage. Generally speaking, as long as there are facts that infringe on legal rights, even if the consequences of the infringement are difficult to detect or prove, it can also constitute damage in tort law. It is difficult to quantify the damage consequences of privacy, a spiritual personality right, and it is difficult to prove the specific personality damage of the victim, but this does not prevent the existence of damage facts.

legal ground

Article 1033 of the Civil Code of People's Republic of China (PRC) * * * Unless otherwise stipulated by law or expressly agreed by the obligee, no organization or individual may commit the following acts: (1) Interfere with other people's private lives by means of telephone, short messages, instant messaging tools, e-mail, leaflets, etc. ; (2) Entering, taking photos or peeping into other people's private spaces such as houses and hotel rooms; (3) Shooting, peeping, eavesdropping or revealing other people's private activities; (4) Shooting or peeping at the private parts of others' bodies; (5) handling other people's private information; (6) Infringe upon the privacy of others in other ways.