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P
e r u 8. RIGHT TO A GOOD NAME, TO PRIVACY,
TO OWN IMAGE The provisions referring to the right to good reputation, privacy
and one?s own image are regulated not only by the Constitution,
but also by the Civil and Penal Codes. The Constitution regulates the right to good reputation in
Section 7 of Article 2. Article 14 of the Civil Code states that personal and family
privacy may not be made public without the consent of the person. Article 154 of the Penal Code establishes: ?Anyone who violates
personal or family privacy by observing, listening to or registering
facts, words, writings or images, using technical instruments or
equipment or other means, shall be subject to the penalty of incarceration
of no more than two (2) years. ?The penalty shall be no less than one (1) year and no more
than three (3) years and thirty (30) to one hundred twenty (120)
fine/days when the offender reveals the intimacy which he has learned
in the manner stated above. ?If the accused uses a communcation medium, incarceration shall
be no less than two (2) years and no more than four (4) years and
sixty (60) to one hundred eighty (180) fine/days.? Article 156: ?Anyone who reveals aspects of personal or family
privacy of which he has knowledge as a result of the job he performed
for the aggrieved party or to the person in which the aggrieved
person confided, shall be subject to incarceration of no more than
one (1) year.? Article 157: ?Anyone who unduly organizes, provides or uses
any file that contains information pertaining to political or religious
convictions and other private aspects of one or more persons, shall
be subject to incarceration of no less than one (1) year and no
more than four (4) years. ?If the offender is a public servant or official and commits
the crime while performing his functions, the penalty shall be no
less than three (3) and no more than six (6) years and ineligibility
to hold future similar jobs, in accordance with Sections 1, 2 and
4 of Article 36.? With respect to the right of one?s own image, the Civil Code
regulates it in Article 15: ?No one may benefit from the image and
voice of a person without express authorization from the person;
or in the case of the person being deceased, without the approval
of the spouse, descendants, ancestors or siblings, excludingly and
in that order. Such a consent is not necessary when the use of the
image or voice is justified by the notoriety of the person, due
to the position he holds, due to facts of importance or of public
interest, or due to reasons of scientific, educational or cultural
nature. It is also necessary that they be related to facts or events
of general interest celebrated in public. These exceptions do not
apply when the use of the image or voice attempts against the person?s
honor, decorum and reputation. On the other hand, Article 16 of the Civil Code establishes
the right to secrecy of communications when they refer to the privacy
of personal and family life. The violation of any of the rights
alluded to in this chapter confers the aggrieved party or his heirs
the right to seek legal action for the cessation of the injurious
actions.
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