Job Recruitment Website - Social security inquiry - Is it personal privacy for employees to pay social security certificates?

Is it personal privacy for employees to pay social security certificates?

According to the laws of our country, companies and enterprises need to pay social insurance for employees, mainly the welfare of employees, and insurance certificates are also very important. So is it personal privacy for employees to pay social security certificates? What is the legal responsibility for invasion of privacy? What are the violations of personal privacy? Next, I would like to introduce to you the knowledge about whether employees pay social security certificates as personal privacy, hoping to help you solve the corresponding problems.

1. Is it personal privacy for employees to pay social security certificates?

In theory, the proof that employees pay social security should belong to personal privacy, but in practice, social security information is often leaked.

Second, the legal responsibility for infringement of privacy

Infringement of privacy is mainly responsible for mental damage compensation, sometimes involving property compensation liability and administrative criminal liability.

(A) China's infringement of citizens' privacy rights is mainly manifested in the following aspects:

1, stop the infringement

For the ongoing infringement, if the perpetrator is spreading the victim's private information and infringing on the victim's private life, the victim may request to stop the infringement to prevent the damage from happening or expanding.

Step 2 apologize

3. Compensation for losses

The scope of compensation for the right to privacy mainly includes two aspects:

(1) compensation for mental damage of victims;

(2) Compensation for other losses caused by infringement of the victim's right to privacy mainly refers to property losses.

(2) If serious mental damage is caused to the privacy right holder and serious consequences are caused, Cheng shall bear the above legal responsibilities and compensate for the mental damage. The following factors should be considered when determining the amount of compensation for mental damage:

1, the degree of fault of the infringer, unless otherwise provided by law;

2, the means of infringement, occasions, behavior and other specific circumstances;

3. Consequences caused by infringement;

4. The profits of the infringer;

5. The economic ability of the infringer to take responsibility;

6. The average living standard in the seat of the Court of Appeal.

(3) Sometimes, infringement of the right to privacy may also lead to the property loss of the privacy holder, thus assuming the liability for property compensation. However, the liability for compensation is generally limited to the property losses directly caused by the infringement.

(4) In the following cases, the infringer will bear administrative and criminal responsibilities:

1, the criminal law has the following provisions on infringement of privacy:

(1) Whoever illegally searches another person's body or residence, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.

(2) Whoever conceals, destroys or illegally opens other people's letters and infringes upon citizens' right to freedom of correspondence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.

(3) Postal personnel who open, conceal or destroy mail and telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Whoever commits the crime of stealing property mentioned in the preceding paragraph shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.

2. The Law on Public Security Administration Punishment also stipulates: voyeurism, sneak shots, eavesdropping and spreading others' privacy. Be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.

3. At present, some people like to "pry open" other people's cyberspace and email, and get private pictures and videos to spread on the Internet. There are many pornographic pictures, but this behavior is likely to involve more serious criminal offences, namely, the crime of spreading obscene articles and the crime of making, copying, publishing, selling and spreading obscene articles for profit. For relevant provisions, please refer to the Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Making, Copying, Publishing, Selling and Disseminating Obscene Electronic Information by Using Internet, Mobile Communication Terminals and Voice Stations (I) and (II).

3. What are the behaviors that infringe on personal privacy?

According to China's national conditions and relevant foreign materials, the following acts can be classified as infringement of privacy:

(1) disclosing a citizen's name, portrait, address, identity card number and telephone number without his own permission.

(2) Invading or searching another person's house illegally, or disrupting the peace of another person by other means.

(3) illegally stalking others, monitoring their residences, installing eavesdropping equipment, secretly photographing their private lives, and spying on their indoor conditions.

(4) illegally spying on other people's property status or publishing their property status without the permission of others.

(5) Opening other people's letters without permission, peeking at other people's diaries, spying on other people's private documents and making them public.

(6) Investigating and spying on other people's social relations and making their illegal acts public.

(seven) interfere with the sexual life of other couples or investigate and publish.

(eight) announced to the public the extramarital sex life of others.

(nine) the disclosure of personal information of citizens or the disclosure or expansion of the scope of disclosure.

(ten) to collect pure personal information that citizens are unwilling to disclose to the public.

(eleven) without the permission of others, revealing the secrets of others.

To sum up, the social security certificate paid by employees is also related to the basic information of employees themselves, so the certificate also belongs to the category of personal privacy.