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Part 2 Specific Offenses
Chapter 28 Offenses Against Privacy
Article 315
A person who without reason opens or conceals a sealed letter or other sealed document belonging to another shall be sentenced to short-term imprisonment or a fine of not more than nine thousand dollars. A person who without reason looks into the contents of a sealed letter by other means than opening shall be subject to same punishment.
Article 315-1
An offense with one of the following circumstances shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than three hundred thousand yuan:
1. Uses instruments or equipment without reason to peep at or eavesdrop on other’s non-public activities, speeches, talks, or the private part of the body
2. Uses audio recording, photographic, visual-taping, or electromagnetic means without reason to record other’s non-public activities, speeches, talks, or the private bodily part
Article 315-2
A person who for purpose of gain provides a locality or an instrument to facilitate another to engage in an act specified in the preceding article shall be sentenced to imprisonment for less than five years and short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than five hundred thousand dollars may be imposed.
A person who for purpose of dissemination, broadcast, or sale has the act specified in the preceding paragraph shall be subject to the same punishment.
An offense of manufacturing, distributing, broadcasting or selling the recorded materials specified in the two preceding paragraphs or item 2 of the preceding article shall be punished in accordance with the provisions of paragraph 1.
An attempt to commit an offense specified in the three preceding paragraphs is punishable.
Article 315-3
The contents of the recording specified in the preceding two articles and the articles on which the recording is made and the recording articles shall be confiscated whether or not they belong to the offender.
Article 316
A medical doctor, pharmacist, druggist, midwife, mental therapist, clergyman, lawyer, defender, notary public, accountant, one of their business assistants, or one who has previously engaged in such occupation who without reason discloses the secrets of another which he knows or possesses because of his occupation shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than fifty thousand yuan.
Article 317
A person who is required by law, order, or contract to preserve the commercial or industrial secrets of another which he knows or possesses because of his occupation and who discloses such secrets without reason shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than thirty thousand dollars.
Article 318
A public official or one who has previously been a public official who discloses without reason commercial or industrial secrets of another that he knows or possesses because of his official position shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than sixty thousand dollars.
Article 318-1
A person without reason discloses the secrets of another which he knows or possesses through the use of a computer or other relating equipment shall be sentenced to imprisonment of not more than two years, short-term imprisonment, or a fine not more than fifteen thousand dollars.
Article 318-2
A person who commits, by using a computer or relating equipment, the offenses specified in Articles 316 to 318 shall be sentenced to punishment by increasing it up to one half.
Article 319
Prosecution for an offense specified in Articles 315, 315-1, and 316 through 318-2 may be instituted only upon complaint.