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2001年7月6日,尹某手持丈夫的手机来到公证处,申请办理证据保全公证。尹某称:手机上三条短消息是丈夫的情人发送的,内容相当亲昵。此前尹某即怀疑丈夫有外遇,但屡次追问,其丈夫皆矢口否认,今日尹某偶然翻看其丈夫手机,发现了该三条短消息,认为这是个重要证据,但又怕手机被丈夫取回后将短消息删除,情急之下想起了证据保全公证。公证处可不可以受理尹某的公证申请,关键在于两个问题,一是尹某是否和公证事项有法律上的利害关系?二是尹某是否侵犯了丈夫的隐私权?我们先从“隐私权”开始研究。迄今为止,我国法律关于隐私权的规定仅见诸四个地方,一
July 6, 2001, Yinmou hand-held husband’s cell phone came to the notary office, apply for the preservation of evidence notary. Yinmou said: three short messages on the phone is sent by her husband’s lover, the content is very intimacy. Previously Yinmou suspected her husband had an affair, but repeatedly asked, her husband all denied that today Yin Mou casually turned to see her husband’s cell phone and found the three short messages, that this is an important proof, but afraid of the phone was her husband to get back After the deletion of short messages, under the urgent thought of proof of preservation of notarization. The notary office can not accept Yin notary notarized application, the key lies in two issues, one is whether Yin and notarized matters have a legal interest? The second is whether Yin infringes her husband’s privacy? We first from “privacy Right ”to start researching. So far, the provisions of our law on privacy have only been found in four places. First,