Can people in the era of camera surveillance still have privacy?

Monitor the nanny for child abuse, monitor the vehicles that are often designated as instigators, and monitor the unethical behavior of high-altitude parabolic activities... In recent years, civilian monitoring equipment has gradually penetrated into many details of residents' lives. More and more disputes have arisen around the camera. Does the content recorded by this privately-held monitoring device have legal validity? Is the installation of the camera infringing the privacy of others? While the installer’s own rights and interests were protected, people under the surveillance of the camera raised objections.

The privacy of residents could not be beaten. In the past six months or so, residents living in Building 96, Bayi Road, Xigang District have always felt flustered. Three cameras were installed on the opposite side of the guesthouse facing the residential building. Residents worry about privacy violations. The owner of the guesthouse also had difficulties. He said that the building often throws garbage down. Wine bottles and leftovers are all thrown on the platform of his home. In order to find out the implementer of this kind of unethical behavior, he deliberately spent 3,900 yuan to purchase and install a camera. In an interview with the reporter, the boss stated that the monitoring did not capture the residents' home. In this regard, residents deliberately went over the monitoring content, and indeed did not touch the privacy of residents. However, this still does not give residents the peace of mind that “the camera is right to you. It may be impossible to determine at which times or angles.” Many residents still dare not open the window and do not dare to approach the window at home.

The camera has become increasingly smaller and more hidden. Recently, the reporter visited a number of electronic product sales mall in the city, and found that the consultants in the civil monitoring equipment store were in an endless stream. According to Ms. Liu of the Olympic Electronic City, her shop started selling these products three years ago. Sales volume has been increasing year by year. Initially, installers used more anti-theft devices. Later, they used it to monitor vehicles that were classified and locked. , high-altitude parabolic, as well as supervising nanny, to monitor whether her husband derailed......

At the same time, the functions and styles of surveillance equipment have also been revamped year by year, and cameras have become smaller and smaller. In addition to micro-monitoring devices such as pinhole cameras with strict supervision, which are currently difficult to trace on the market, there are many common styles of civilian cameras. The reporter saw that these cameras have only the thickness of the thumb, and some cameras are like a pen shape, which is more concealed. Sales staff told reporters that the camera is connected to the computer, the user can choose 24-hour continuous monitoring through video equipment, can also choose to monitor the working status. Two-room house, each room is equipped with a camera, then a set down more than 2,000 yuan is enough. If you want to achieve better results, it will be more expensive.

The reporter learned from relevant departments that the purchase and installation of these monitoring equipment do not require approval and no specific installation regulations.

Many Videos Cannot Be Used as Evidence In the recent days, a video of a babysitter throwing babies was transmitted online. This video was found by employers after they had installed hidden cameras in their homes. Apart from their anger, they also feel helpless. There is no law that can punish this unscrupulous babysitter.

There are also embarrassing situations in the city where people have similar rights, although they hold surveillance videos. “As far as car videos are concerned, the general video footage only captures someone close to the car body, but the specific motions of the car are difficult to capture in detail.” The police are very distressed. The civilian police also gave an example. They once seized a man who had fleshed the meat in the market. The stall owners all reflected that they had lost meat. From the video point of view, they were very similar to the man’s figure wear. They decided that it was Men are doing it. However, the police investigating the case stated that the video data is not very clear, and that ordinary citizens may also carry a bag when they go to the market to buy something, so it cannot be concluded that it is a thieves who lost meat.

The police stated that the requirements of the video as evidence are very high, and the angle and clarity of the video are all critical.

Does the private security camera constitute infringement?

Some residents think that the existence of cameras makes them feel threatened by privacy. In this regard, lawyer Liu Jiaming of Liancheng Law Firm in Liaoning believes that under normal circumstances, if the installation of the camera does not maliciously detect and interfere with the private life and information of others, the act does not constitute infringement of privacy. However, it is an infringement to videotape the privacy of others in sensitive places such as bathrooms and homes without the consent of others. Even if the content of the disputed picture is not used, it still constitutes the spying and infringement of the private normal life of others.

Counsel believes that video material obtained in violation of the privacy of others should be excluded as illegal evidence. However, if the hidden video material obtained by shooting is hidden, its shooting behavior has legality and legitimacy, or has the corresponding basis or authorization, it can be used as a valid evidence of the public authority such as the court and be adopted. Liu Jiaming emphasized that the right to privacy is not absolute. Once the right to privacy conflicts with national security and social stability, the right to privacy of natural persons should be subject to certain restrictions.