Li mou and zhao are husband and wife, for work needs, wife zhao mou registered the main mailbox, husband li mou after registered the association mailbox. During the divorce proceedings between the two parties, husband li has applied to a notary office in Shanghai to apply for the information of the electronic data in the relevant mailbox to handle the evidence of the preservation of the evidence. The notary office issued three notarized certificates, showing that the related mailbox of the notarized certificate contains photos, id CARDS, driving license information, work emails and other contents of zhao. Li has submitted a notarial certificate to the court to prove that his wife zhao had an affair.

Divorce proceedings, the court, according to li mou to provide notarial deed and other related evidence that zhao mou is close to the opposite sex outside of marriage, and for the children to grow healthy and with a good education, the court granted the divorce, children live together with her husband, li mou. Wife then to notarization behavior violate the privacy rights, privacy and other legitimate rights and interests, will be charged to court and asked to stop the infringement, eliminate the influence, in written form to apologize, compensation for mental damages of $300000. Recently, the Shanghai no.2 intermediate people's court made a final decision, determined that the notary's actions did not violate privacy rights, and rejected zhao's lawsuit request.

Privacy is a relative right

The court holds that privacy is not an absolute right but a relative right. When the right of privacy and other rights embody the value of conflict, it is necessary to decide which rights should be protected first, out of the consideration of the right balance and the maintenance of public interests.

Article 4 of the marriage law stipulates that "the husband and wife should be faithful to each other" and that the loyalty of husband and wife has risen from the moral level to the legal level. The right to be faithful includes the right to know about the contents of the husband and wife's life. At the time when li has reason to believe that the right to a spouse based on the relationship between husband and wife is violated, the law should guarantee the right of the spouse to prove the right of proof in such a specific time period. Notarization is based on their legal proof function knowledge associated E-mail content, notarization before notarized made notes with li mou, on this situation, the purpose of the notarial will email the detailed inquiries, and told the rights area, should be

Obligations and risks. After notarized by a lawyer to apply to the court for investigation, seal of the notarial deed to the court to be obtained, by the judge in person again - the entire process, notarization place strict limits on the collection scope and purpose of knowledge of the content of the notarial dropped to the lowest degree, there is no insurmountable collection purpose beyond use, the behavior of the notarization and without fault.