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The Beijing News (Reporter Zhang Yuan) netizen online help human flesh search hit and run by an insurance company staff Humou hand to help announce the name of the owner to escape after the ID number and other information, is sued for compensation to the owner of the infringement.
Recently, the Haidian Court found Hu infringement should be a public apology.
Cause
Accident information is the Internet, "human flesh"
Haidian court found that, in October 2011, Guo Yang driving and driving off-road vehicle collision. After three consecutive Yang car reversing,http://sukibara.seesaa.net, repeating strike Guo's car and escape. Scene, witnesses photographed.
After the incident, he said a netizen publish information on the web: "! My girlfriend knocked drive, the driver and the car crash three escape ...... its license plate number ××××××, ask for meat."
Two days later,woolrich sito ufficiale, an insurance company staff in its micro-Bo Hu, announced the details of the escape vehicle owners Yang's name, ID number and models, etc.,http://jfy4ghtuertfy.bloguez.com, also said that "the man is a rich soil," and in reply to users When the thread said information is "used his position."
It is understood, Yang Hu SUV insurance company where the insurance company.
Subsequently, Yang accident owners to reputation, privacy violations, the Haidian court Humou its affiliated insurance company, Sina Weibo operator,Piumini moncle, ask to stop infringement, apology, compensation for moral damages solatium 50,000 yuan.
Judgment
Top defendant microblogging apologize 7 days
The trial, Hu repeatedly stressed that he is out of the heart of justice Yang was released information, insist that they are "courageous."
Haidian Court of First Instance that Hu Yang published online personal information, "though legitimate purpose,http://www2s.biglobe.ne.jp/inari1/cgi-bin/yybbs.cgi, but the method is defective," and not to disseminate relevant information necessary range limit, causing Yang privacy information can be obtained at the general public state, violated the privacy of Yang, an apology should bear civil liability. But in view of the earlier Yang committed offenses, and not adduce evidence to prove Hu infringement to its cause serious mental damage,http://tucchy.sakura.ne.jp/c/epad/epad.cgi?mode=view&no=6240&res=1&page=70, the spirit of solatium lawsuit requesting the court not support it.
In addition, the plaintiff said Hu using "the man is a rich soil,spaccio peuterey," in violation of their reputation. After repeated court judgments, examine the evidence that,http://umai-renai.net, in the current context of social networking, use the "landed gentry" does not necessarily lead to lower a person's reputation.
Humou insurance company where policyholders have a strict personal information management practices,http://oyster.script.soft32download.com, and employee labor contracts also have "not divulge customer information" and so on. Hu Litigation get information though the use of his position, but it has nothing to do with the release of the information office. Microblogging aspect, within 3 days of receipt of the lawyer's letter has been involved in information deleted, to fulfill a legal obligation. Therefore, the court held that the insurance company and microblogging party does not have a fault, should not bear tort liability.
Recently, the Haidian court verdict, Hu consecutive apology in its micro-Bo Yang to the top position on the 7th.
After the verdict, the two sides were not appealed.
■ Interrupted
Offenders should also be protected privacy
Undertaker case, judge Jiang Qiang, citizens and their identification number, corresponding relationship between car brands belong to personal privacy, others are not free to disclose unjustified,doudoune moncler pas cher, "even if it is facing the death penalty, civil rights should also be protected."
Jiang Qiang said, in this case as the master citizen information HuMou insurance company personnel, who wish to help the victims, should be through legal means, to report to the authorities to follow the legal procedures, or take an appropriate way to disseminate relevant information to set the necessary range limit in order to pursue violations while protecting other people's civil rights violations.
Jiang Qiang,http://bbs.tt919.com/read.php?tid-163889-page-1.html/read.php?tid-163889-page-1.html/post.php?fid=381?fid=381,louboutin soldes, now online similar behavior common to disclose information to others Once published in the microblogging open platform, it can make the personal information of citizens is not specific to the majority of people get, they involve privacy issues. For example, the common "readily beat" or to "Cousin" Yang Jian table and other acts of just some really played a very good effect, but if just their behavior in public places, the image is exposed, does not constitute infringement, and when it comes to determining point or the other have one relationship of information home address,http://www.gangansearch.com, house number, ID number, etc., may constitute infringement.
(Original title: Insurance Staff exposure information adjudged infringer who escape)
(Edit: SN091) |
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