CAN PARENTS INTRUDE ON THE PRIVATE LIVES AND PERSONAL SECRETS OF THEIR CHILDREN?

Legal situation: I have a question as follows: I and my husband got married in 2000. We had a daughter who will be 19 this year. Recently, I found out that she got distracted from her studying and she didn’t confide in me as much as before. I checked her zalo, messenger but didn't find anything. Yesterday, while I was checking her phone, she found out and got angry with me. She said that I invased her privacy and that was against the law. Could you explain to me if I did anything wrong? Thank you.

 

FDVN's opinions:

 

Thank you for sending your question to FDVN Law Firm (FDVN). For your consulting request, after looking into the relevant legal regulations, we would like to provide you with some information as follow:

 

1. Legal provisions on private life, personal secrets

 

According to Article 21 of the 2013 Constitution regarding private life:

 

“1. Everyone has the right to inviolability of private life, personal secrets and family secrets; and has the right to protect his or her honor and reputation.

 

The security of information about private life, personal secrets or family secrets shall be guaranteed by law.

 

2. Everyone has the right to privacy of correspondence, telephone conversations, telegrams and other forms of private communication.

 

No one may illegally break into, control or seize another’s correspondence, telephone conversations, telegrams or other forms of private communication."

 

According to Article 38 of Civil Code 2015, the rights to private life, personal secrets and family secrets are stipulated as follows:

 

1. The private life, personal secrets and family secrets of a person are inviolable and protected by law.

 

2. The collection, preservation, use and publication of information about the private life of an individual must have the consent of that person; the collection, preservation, use and publication of information about the secrets of family must have the consent of all family’s members, unless otherwise prescribed by law.

 

3. The safety of mails, telephones, telegrams, other forms of electronic information of an individual shall be ensured and kept confidential.

 

The opening, control and keeping of mails, telephones, telegrams, other forms of electronic information of an individual may only be conducted in cases provided by law.

 

4. Contracting parties of a contract may not disclose information about each other's private life, personal secrets or family secrets that they know during the establishment and performance of the contract, unless otherwise agreed."

 

Thus, based on the above provisions, the fact that you arbitrarily read your daughter's messages is infringing on your daughter's right to privacy and violating the law.

 

2. Legal provisions on handling violations against right to privacy

 

The right to private life and personal secrets are inviolable according to the law and the Constitution. Acts of infringing upon the right to privacy, depending on the nature and extent, may be administratively sanctioned or prosecuted for penal liability.

 

Regarding administrative sanctions:

 

Acts of disclosing private information of individuals and other secrets which are not serious enough for criminal prosecution shall be imposed the fine range from VND 20,000,000 to VND 30,000,000 according to Clause 2, Article 101 of Decree No. 15/2020/ND-CP (amended by Clause 37, Article 1 of Decree No. 14/2022/ND-CP) on violations of regulations on responsibility for using social networking services; Websites established through social networks.

 

Regarding sentences for criminals:

 

Acts of infringing upon the secrets and personal information of others may be prosecuted for penal liability according to Article 159 of the Penal Code 2015 (amended and supplemented in 2017), specifically as follows:

 

"Article 159. Infringement upon secret information, mail, telephone, telegraph privacy or other means of private information exchange

 

1. A person who recommits any of the following acts despite the fact that he/she has incurred a disciplinary or administrative penalty shall receive a warning, be liable to a fine of from VND 20,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence:

 

a) Appropriation of another person's mails, telegraphs, telex, faxes or other documents which are transmitted on the postal or telecommunications network in any shape or form;

 

b) Deliberately damaging, losing or obtaining another person's mails, telegraphs, telex, faxes or other documents which are transmitted on the postal or telecommunications network;

 

c) Listening or recording conversations against the law;

 

d) Searching, confiscating mails or telegraphs against the law;

 

dd) Other acts that infringe upon secret information, mail, telephone, telegraph privacy or other means of private information exchange.

 

2. This offense committed in any of the following circumstances carries a penalty of 01 - 03 years' imprisonment:

 

a) The offense is committed by an organized group;

 

b) The offense involves abuse of the offender's her position or power;

 

c) The offense has been committed more than once;

 

d) The obtained information is disclosed and affects another person's dignity or reputation;

 

dd) The offence results in the suicide of the victim.

 

3. The offender may also be liable to a fine of from VND 5,000,000 to VND 20,000,000, and be prohibited from holding certain positions for 01 - 05 years."

 

Above is FDVN's legal opinion related to your consulting request based on relevant regulations. We hope the advice will be useful to you.

 

By Vu Dinh Thang - FDVN Law Firm

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