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From time to time, the family was "patronized" by thieves, and the parking lot was always jailed. They were worried that the babysitter would be unreliable. In the face of upsets in life, more and more citizens choose to install cameras, "Clairvoyance" frequently appears in the corridor, outside the window, and in the residents. While the camera brings a sense of security to the public, it also brings anxiety and anxiety to some people: neighbors are nervous about monitoring privacy violations, and private videos are stolen and spread online.
There are currently no clear regulations regarding the installation of cameras by individuals in public areas and homes. What legal risks does a personal camera have? What issues need attention? How to balance the relationship between surveillance and privacy protection?
Private cameras in public areas, third parties have the right to object
Mr. Zhang, a resident of a community in Kunming, Yunnan, usually parked his car downstairs. The car was often scratched, but the perpetrator could not be found, which made him distressed. His car was pried 4 times a month. Fortunately, the car had an alarm system and the thief returned without a response. In order to protect his car, Mr. Zhang spent 2,000 yuan to install a camera on his own window frame on the sixth floor. The camera was facing the parking space downstairs, which provided a good protection effect.
However, Ms. Wang, a neighbour, disputed this, arguing that Zhang's installation of the camera violated his privacy, and brought Mr. Zhang to the People's Court of Xishan District, Kunming, asking for the camera to be removed. Mr. Zhang argued that the camera was only aimed at his own parking space and did not violate Ms. Wang's privacy. Before the trial, after the judge visited the scene, he confirmed that Mr. Zhang was true. Under the mediation of the judge, the two sides shook hands and made peace, Mr. Zhang promised that the camera would only be aimed at his own parking space, and would not disclose the video without authorization. Ms. Wang withdrew the lawsuit.
What should I do if the private camera attracts objections from neighbors? Li Dongfang, a professor at the School of Civil and Commercial Economics of China University of Political Science and Law, suggests that before installing a private camera, you should obtain the consent of a third party, explain the situation, and avoid disputes.
The judge of the Xishan District Court, Li Wenhua, said that at present, there is no law in our country that it is not allowed to install cameras in corridors and other places, and there is no requirement for private cameras to be filed with the public security department. However, this does not mean that the camera can be arbitrarily installed. If the public safety interests or the privacy of others are violated, the installer must bear the corresponding legal responsibility. "The camera itself is not terrible. What is terrible is the abuse of the camera, which has become a tool for leaking personal information and violating personal privacy." Li Wenhua said.
"If you install a camera in a public place such as a corridor, you should inform the manager of the public place." Li Dongfang said that without infringing on the privacy of others, a private person can install a camera in order to protect their own security, but should be subject to the management of public places If the camera installed in a public place involves the privacy of a third party, the third party has the right to object.
Install a camera in your home to protect the privacy of nanny and others
In the hit TV series "Ode to Joy", a heroine's installation of a camera in the apartment corridor caused controversy. "If a camera is installed on the door at the door, how can our family ’s life rules be controlled by our neighbors? How can we ensure our privacy?" So, what should I pay attention to when installing a camera at home or at the door?
Li Dongfang believes that when installing a camera, individuals should properly handle the relationship between personal interests, social public interests, and the privacy of others. If a neighbor raises an objection, it should be settled through negotiation; if a camera is installed in his own home and only family members live in the home, it belongs to the scope of personal freedom.
As the nanny enters more and more families, the supervision of the nanny becomes a headache for some heads of household. Li Dongfang believes that "If a non-family member such as a nanny is employed in the home, the situation must be determined. If the camera is aimed at a public space in the living room and other households, the head of the household can install the camera; Cameras are installed in the space, in which case the personal privacy of the nanny is protected in priority. "
"The personal dignity of the nanny should be respected." Li Wenhua suggested that employers should have a written agreement when hiring a nanny, specifying the requirements in detail and informing the camera in advance.
Unauthorized dissemination of video content may be liable for infringement
In addition to legal disputes, there is a risk that private cameras will leak personal privacy and trade secrets. Previously, a website had exposed some private camera monitoring content, in which user information such as address was clearly marked in the video, and some cameras were aimed at sensitive areas such as the cash register.
Enter "home surveillance cameras" on Taobao. There are more than 1,500 stores to choose from, and the highest-selling stores can sell more than 18,000 per month. Randomly opened multiple stores and consulted with the sales. It was found that the store introduced the product quality parameters such as the lens, light source, resolution, and shooting angle in great detail, but the risk of theft of the monitoring content itself was hardly described. According to network security experts, there are many domestic private camera production and sales companies, and there are almost no unified and strict security standards. The possibility of stealing surveillance content through private cameras is very high.
Ge Lei, a lawyer of Beijing Yingke Law Firm, believes that the acquisition or dissemination of monitoring content by others without the permission of the installer is an infringement of the privacy rights of others and may be punished by public security management; Content may also be suspected of crime. "The infringed person may bring a civil lawsuit to the court in accordance with the provisions of the Tort Liability Law, asking the actor to stop infringement, eliminate obstructions and compensate for losses; if there is a security loophole in the product produced or sold by the manufacturer, the infringer uses the loophole to cause damage to others When the consequences occur, the producer or seller should bear the responsibility jointly with the infringer. "Ge Lei said.
Ge Lei suggested that before installing and installing a private camera, camera installers need to understand the network security performance of the camera in detail to avoid losses due to technical reasons or improper storage. Professor Li Dongfang reminded that some areas belong to military restricted areas or areas involving public safety, and laws prohibit the private installation of cameras. "In addition, unless the case handling, evidence collection, etc. are required, the installer should not arbitrarily disclose the video content to the public, or they may be liable for corresponding infringement." Li Dongfang said.
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