Per Editor: Zhang Jinhe In January this year, director Liu Xinda was sentenced to invasion of privacy for inquiring into and publishing Lin Shengbin’s flight records. Liu Xinda was dissatisfied with the verdict and believed that his inquiry and publication of Lin Shengbin's trave

Edited by: Zhang Jinhe

In January this year, director Liu Xinda was sentenced to invasion of privacy due to the inquiry and publication of Lin Shengbin’s flight records. Liu Xinda was dissatisfied with the verdict and believed that his inquiry and publication of Lin Shengbin's travel records was legitimate public opinion supervision, so he filed an appeal.

Red Star News learned that on September 10, the second instance court made a judgment: rejecting the appeal and upholding the original judgment. The court ruled that Liu Xinda's method of obtaining the above information was not legal, and the act of publishing the above information on a public network platform constituted an infringement of other people's private information.

"I was sued by Lin Shengbin for privacy infringement. I lost the first-instance verdict and the second-instance judgment was upheld. I failed to live up to social expectations and occupied social resources. I sincerely apologize! But whether it is disclosing Lin Shengbin's privacy or actively responding to the lawsuit, I hope I have no regrets. I have tried my best to gain everyone's understanding, and I will continue to persist, and I will spare no effort in subsequent appeals!" Liu Xinda said.

On September 10, Liu Xinda told Red Star News that on that day, the Beijing No. 4 Intermediate People’s Court made a second-instance judgment on the case.

The court ruled that after review, first of all, the evidence in 's case showed that Liu Xinda obtained and used Lin Shengbin's identity information without authorization or consent, and obtained the identity information by impersonating other people's identities and fabricating facts. Information about Lin Shengbin’s China Eastern Airlines flights from 2015 to 2021. Therefore, Liu Xinda’s method of obtaining the above information is not legal.

Secondly, the evidence in the case also shows that Liu Xinda posted the above information on a public network platform for unspecified people to discuss and evaluate Lin Shengbin. Even if Lin Shengbin is a public figure, his personal itinerary information does not naturally have public interest attributes. Citizens' The whereabouts information implies secrets of private life, and the time period of Liu Xinda's disclosed itinerary information far exceeds the time period of hot events. Therefore, Liu Xinda's behavior of publishing the above information on a public network platform constitutes an infringement of other people's private information. The court of first instance found that Liu Xinda's behavior constituted The infringement of Lin Shengbin's privacy rights was not inappropriate.

The court ruled that the behavioral information raised by Liu Xinda was not only evidence concerning whether Lin Shengbin was suspected of a major crime, but also an important criminal investigation clue. In view of the fact that the competent authorities have made corresponding determinations on the criminal facts, and the above opinions were not obtained by Liu Xinda There are also statutory exemption reasons for disclosing Lin Shengbin’s personal information, so the appeal submitted by Liu Xinda will not be accepted.

In the end, the court ruled: the appeal was dismissed and the original judgment was upheld.

In June 2017, the "nanny arson incident" in Hangzhou resulted in the death of a mother and three children, which attracted widespread attention. After the incident, there were voices saying that "Lin Shengbin, the husband of the hostess who died, is suspected of committing the crime." Lin Shengbin told the media at the time that he flew from Guangzhou to Hangzhou in the early morning of the incident and was not at the crime scene.

director and writer Liu Xinda has been following the case for a long time and is skeptical of Lin Shengbin's above remarks. In September 2021, Liu Xinda inquired about Lin Shengbin’s travel records from multiple airlines and said that no flight records were found for him in June 2017. Afterwards, he posted the recording of the call inquiring about Lin Shengbin’s flight records on Weibo.

In May 2022, Lin Shengbin took Liu Xinda and the operating company of the Weibo platform to court.

In January this year, the Beijing Internet Court ruled that Liu Xinda had violated Lin Shengbin’s privacy rights. Liu Xinda was dissatisfied with the verdict and believed that his inquiry and publication of Lin Shengbin's travel records was legitimate public opinion supervision, so he filed an appeal.

In addition, in April last year, the entry #林生斌潼潇义生公司 has been canceled# became the number one hot search on Weibo. Tianyancha shows that the business status of Hangzhou Lohas Geometry Brand Management Co., Ltd., an affiliated company of Tongzhen Lifespan, has changed from continued to cancelled.

Previously, the company had released liquidation information. It is reported that "Tongzhen Yisheng" is a brand registered by Lin Shengbin related to the name of his deceased wife and daughter.

According to data, Hangzhou Lohas Geometry Brand Management Co., Ltd. was established in August 2019 with a registered capital of 5 million yuan. Its business scope includes corporate brand management; brand marketing planning, corporate image planning; food management, etc., led by Lin Shengbin and Lin Yunting respectively. Holding 95% and 5% of the shares.

Daily Economic News is synthesized from Red Star News, Liu Xinda Weibo, and public information

Daily Economic News