Screenshots of LINE conversations made public? Beware of the heaviest million-dollar fine!

Many people will vent their dissatisfaction on social platforms such as the Whistleblower Commune, Debt Collection Society, Personal Fans, etc., hoping to use the power of public opinion to seek justice for themselves. However, some people will directly announce the parties for different purposes. Personal data, screenshots of LINE conversations, photos, etc., and these behaviors are illegal in most cases, as long as certain conditions are met, you can sue the other party .

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Is it illegal to publish screenshots of LINE conversations?

First of all, it is necessary to clarify whether the other party is the party to the content of the conversation and whether he has leaked personal information. These are two separate things. However, many people use common sense to interpret and mix concepts together to cause misunderstandings. Therefore, lawyers will first Clarify these issues, and understand whether it involves the possibility of the crime of obstructing the use of computers, the crime of harming reputation, etc., so as to help the parties understand what legal responsibilities the other party is involved in, and avoid making a mistake and even losing the lawsuit.

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Crime of Obstructing Confidentiality - The other party is not a party to the dialogue

If you want to sue the other party for the crime of obstructing secrets , in principle, the other party cannot be the party to the conversation. Although many people think that LINE conversations are private remarks, of course, going out to the public is an act of obstructing secrets, but in fact, it is more like I told Xiao Ming the secret. , and Xiao Ming's big mouth speaks all over the place, such behavior does not constitute the crime of obstructing secrets . The crime of obstructing secrecy is more like punishing people outside the dialogue window, secretly recording our non-public remarks by means of screenshots, etc., and it is not limited to whether it is published or not.

 Article 315-1 of the Criminal Code:
Whoever commits one of the following acts shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or a fine of not more than 300,000 yuan: 1. Using tools or equipment to spy on or eavesdrop on others' non-public activities, speeches, conversations, or private parts of the body without any reason. 2. Using audio, photograph, video, or electromagnetic recordings without any reason to record others' non-public activities, speeches, conversations, or private parts of the body.

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Violation of personal information law - the other party leaks your personal information

If there is any "content sufficient to identify personal information" in the information disclosed by the other party, whether it is the screenshot itself, text entered by him, photos uploaded, etc., it may involve a violation of personal information law. It should be noted that "LINE conversation content" itself may not be personal information, but there is still no certain answer, which requires special attention.

As for the recent incidents that we have seen with famous people, they have opened up private conversations with each other and the other party's personal information to clarify for themselves, this is not necessarily illegal, because he may meet the seven exceptions listed in the personal information law, such as preventing Significant harm to the rights and interests of others is one of them. Therefore, if there is a public relations crisis or controversy that needs to be clarified, it is recommended to ask a lawyer to understand what can be done and what cannot be done to ensure that follow-up actions are legal and feasible.

 Article 20, Paragraph 1 of the Personal Information Protection Act stipulates that the use of personal data by non-government agencies, in addition to the data specified in Article 6, Paragraph 1, of the same Act, shall be within the scope necessary for the specific purpose of collection. However, under any of the following circumstances, it may be used for other than specific purposes: 1. It is expressly stipulated by law.
2. Necessary for the advancement of the public interest.
3. To avoid danger to the life, body, liberty or property of the parties concerned.
4. To prevent serious harm to the rights and interests of others.
5. It is necessary for official or academic institutions for the public interest, and the data cannot be identified after processing.
6. With the consent of the parties.
7. It is beneficial to the rights and interests of the parties.

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Violation of the personal capital law will be fined at most without criminal responsibility?

Under most normal circumstances, if the other party violates the personal information law , it is usually mainly based on fines, but if the actual interests of oneself or the other party are involved, it is actually possible to go to jail! Because there is a special provision in Article 41 of the Personal Information Law, if the intention is to serve the unlawful interests of oneself or a third party, or to harm the interests of others, and violates the Personal Information Law (which articles are detailed in the law), it will be punished. The maximum term of imprisonment is 5 years and a fine of less than 1 million yuan, so if the other party damages the interests of the victim, or benefits for himself or a third party, it may not be as simple as a fine.

 Article 41 Item 1 of the Personal Information Protection Law:
Intend to act for the unlawful interests of oneself or a third party or to harm the interests of others, and violate the provisions of Article 6, paragraph 1, Article 15, Article 16, Article 19, Article 20, paragraph 1, or the director of the central purpose business The order or sanction of the agency restricting international transmission in accordance with Article 21, which is sufficient to cause harm to others, shall be sentenced to fixed-term imprisonment of not more than 5 years, and may also be subject to a fine of not more than NT$1 million.

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How can I file a lawsuit for violating the Personal Information Law?

The first is to keep the evidence . If there is no evidence, the lawsuit will be very difficult, and then you need to understand what legal responsibilities the other party may involve so that you can file a lawsuit with the correct laws and regulations , and you must pay special attention to your own rights and interests. Damage to interests and strong causal relationship with the other party’s behavior are important keys to subsequent claims , and the amount of compensation to be claimed is also very important. The amount without reference value is not a good thing for the parties. Finally, be careful not to be vague Focus, judges usually only want to hear the key points, so it is very important to effectively let the judge know the context of the matter and what you want! If you are not at ease, you can keep the evidence and seek free legal consultation channels for discussion.

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