Reading other people's messages: In which cases will you go to jail?
(Baonghean.vn) - Once I woke up and saw my aunt holding my phone to read the messages on the phone, then I saw similar actions several times. Is this considered violating other people's privacy? Question from Hoang Q. (Quy Chau district).
Reply:
Your situation falls under Article 159, Chapter XV of the Penal Code /2015 and the Law amending and supplementing a number of articles of the Penal Code 2017, which stipulates the crime of violating the confidentiality or safety of letters, telephones, telegrams or other forms of private information exchange of others as follows:
1. Anyone who commits one of the following acts, has been disciplined or administratively sanctioned for this act but still commits the violation, shall be subject to a warning, a fine of from VND 20,000,000 to VND 50,000,000 or non-custodial reform for up to 03 years:
a) Appropriating another person's letters, telegrams, telexes, faxes or other documents transmitted via postal or telecommunications networks in any form;
b) Intentionally damaging, losing or intentionally obtaining information, content of letters, telegrams, telexes, faxes or other documents of others transmitted via postal and telecommunications networks;
c) Listening to or recording conversations illegally;
d) Illegal search and seizure of letters and telegrams;
d) Other acts that violate the confidentiality or security of mail, telephone, telegram, telex, fax or other forms of private information exchange of others.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 01 year to 03 years:
a) Organized;
b) Abusing position and power;
c) Committing the crime 02 times or more;
d) Disclosing stolen information that affects the honor, reputation, and dignity of others;
d) Causing the victim to commit suicide.
3. Offenders may also be fined from VND 5,000,000 to VND 20,000,000 and banned from holding certain positions from 01 to 05 years.
Accordingly, anyone who commits one of the above acts of violating the confidentiality of correspondence, telephone, telegram, etc. and has been disciplined or administratively sanctioned for this act and continues to violate may be subject to criminal prosecution from 01 year to 03 years and if the person is a person in a position prohibited from holding a certain position from 01 year to 05 years for the crime of violating the confidentiality or security of correspondence, telephone, telegram or other forms of private information exchange of others.
