Is it useful to install a camera at a colleague\’s house to spy on him? The court ordered a compensation of NT$5,000 and a renewed apology.

When he saw the key to his female colleague’s home, Tan, who was a good example to others, took the key away and even went to the female colleague’s home without permission to install a miniature camera. Fortunately, he was discovered in time. After the incident, the female colleague sued angrily, demanding that Tan apologize and compensate for mental losses. However, Tan believed that no substantial damage was caused and argued that the installation of the camera was only for testing. He only agreed to apologize and refused to compensate. How will the court rule? Recently, the Guangdong High Court announced the verdict of this case. In the end, the second instance court ruled that Tan should rewrite the apology letter to admit his mistake and pay 5,000 yuan in compensation for mental damage.

The court pointed out that the right to privacy is an important part of citizens’ personality rights. Apology is a form of civil liability for infringement of privacy rights. How to perform it correctly should be considered based on factors such as whether the obligor subjectively admits his mistakes and regrets, and whether he actively seeks forgiveness and understanding from the right holder.

Guan (female) and Tan were teachers in the same school. One morning, Tan saw Guan\’s house key, took the key away, and went to Guan\’s house without permission to install a miniature camera. In the afternoon of that day, Guan discovered the camera shortly after returning to his residence and called the police.

The public security organ issued an administrative penalty decision on Tan, determining that Tan’s above-mentioned illegal behavior violated the privacy of others, and decided to impose an administrative penalty of three days of administrative detention on him.

Afterwards, Guan resigned from the school and returned to his hometown. Because Tan\’s above-mentioned behavior had a certain psychological impact on Guan and he sought medical treatment, Guan filed a lawsuit in this case and requested that Tan should apologize to him and compensate him for the corresponding losses.

Tan confirmed that he had committed the above-mentioned illegal acts and agreed to apologize to Guan and write a letter of apology in his own hand. However, he believed that his illegal acts were minor and did not cause substantial damage to Guan, and did not agree to compensate Guan. of all losses.

The effective judgment issued by the Dongguan Intermediate People\’s Court held that Tan hid a camera in the air-conditioning outlet facing the bed in the room he was in charge of, and his purpose was obviously to peek into other people\’s privacy. Although he wrote a handwritten apology letter, However, in the letter and in the first and second trial defenses, he denied his intention to pee into privacy, claiming that it was to test the camera. He obviously lacked a sincere and repentant attitude, and could not obtain the victim\’s understanding. The apology should not be regarded as completed and a new apology should be made. Apologize.

Moreover, Guan is objectiveThe employee resigned due to this incident, which also caused mental damage such as long-term anxiety and insomnia. Therefore, Guan’s second instance claim that the mental damage consolation payment of 5,000 yuan was reasonable and should be supported.

After the second instance verdict, Tan not only paid the compensation, but also re-wrote an apology letter to admit his mistake. Guan accepted it and the case was concluded.

The court pointed out that with the development of photographic equipment technology, miniature cameras have become more and more secretive, and privacy disputes caused by voyeurism have also increased. As an important way to assume civil liability in such disputes, the standards for how to exercise correct performance of apology are not uniform in judicial practice. This case fully analyzed how to define the rationality of the content of an apology, and determined that a sophistry-style apology is a sign of lack of remorse and should not be condoned. This case understands and defines the performance content of the civil liability of apology, and has certain reference value for the determination of the infringer\’s performance of liability and the trial of similar cases.

Judge’s Interpretation of the Law: Relief Dilemma of Personal Privacy Protection

Understanding and Consideration of the Content of Apology Apology is not only Article 1 of the Civil Code of the People’s Republic of China A method of bearing civil liability stipulated in Article 179 is also the moral remedy and self-definition of the perpetrator.

The judge stated that an apology has important legal and social functions. It is a kind of relief for the victim’s mental damage, and it also has the function of punishing and educating the infringer.

Although our country’s laws clearly stipulate the way to bear responsibility for apology, it is relatively general and abstract, and lacks operability in trial practice. As a result, the judicial standards are not unified. Therefore, how to determine the responsibility of apology? The content boundaries of civil liability are of great significance to protecting individual rights and maintaining social justice. The essence of apology comes from people\’s inner conscience.

Therefore, for a correct apology, the perpetrator should first repent from the heart and admit his subjective fault to the other party; secondly, make it clear through language or writing Express your apology to the other person in order to seek their forgiveness and understanding.

Based on this, when reviewing an apology, its content should have at least two elements: one is to analyze the behavioral intention and repent of the mistake; the other is to express apology and ask for forgiveness. When the infringer conceals his inner intentions with sophistry, the judge can use both reason and law to truly awaken the infringer\’s conscience and sense of guilt, and spontaneously and voluntarily apologize if the above factors are met. At the same time, consideration can be given to increasing penalties to create a deterrent effect.

In this case, the defendant’s intention to peek into other people’s privacy was obvious, and his illegal behavior was obviously vicious. Although he wrote a handwritten letter of apology, he still insisted on denying his intention to peek into others’ privacy. He obviously lacked a sincere and remorseful attitude. Not only was he unable to Obtaining the victim\’s understanding and forgiveness adds harm to the victim, so it should not be regarded as fulfilling the responsibility of making an apology. The court of second instance therefore ruled that the defendant should make a new written apology to the victim, and the content must first be reviewed by the court.

In addition, in cases of privacy infringement, the determination of mental damage compensation should not only be considered from a single perspective. The specific circumstances and consequences of the infringement should be taken into consideration to achieve a reasonable economic balance for the victim. Protect.

Text and pictures/Guangzhou Daily New Flower City Reporter: Charter Correspondent: Guangdong Law Publication Guangzhou Daily New Flower City Editor: Zhang Yu