Install a camera at the entrance, it's okay, but don't invade the privacy of your neighbors!

2023-12-26

To ensure family property and personal safety, many families choose to install visual doorbells, monitoring equipment, etc. at their doorstep. However, if the camera coverage covers the entry and exit of neighbors and daily life, does it infringe on the privacy rights of others? Recently, the Intermediate People's Court of Guangzhou City, Guangdong Province, concluded a privacy dispute case caused by the installation of a camera. The court ruled that the defendant adjusted the surveillance camera to a position where it could not capture the ascending position of the staircase on that floor, and deleted all images and videos recorded by the camera related to the plaintiff's family. The plaintiff Lao Mai and the defendant Lao He are diagonally opposite neighbors. There is a corridor of over 9 meters between the two houses, with stairwells for going up and down at both ends. Lao Mai's house is on the side near the up staircase, while Lao He's house is on the side near the down staircase. In July 2022, Lao He installed a remote-controlled and rotatable camera above the right side of his house door, which caused dissatisfaction among the Lao Mai family. Lao Mai believes that the cameras installed at Lao He's house can record in detail the entry and exit of his family members and the visits of relatives and friends. Moreover, the cameras can also record their voices while they are talking at home, which leads to his family not daring to speak loudly even when the door is closed, causing serious impacts on their physical and mental health. Lao He believes that it is very common to install surveillance cameras at the doorstep of one's own home nowadays. The purpose of installing them is to protect the safety of one's own property, and the purpose is not to intentionally pry into the privacy of others. Moreover, the surveillance cameras installed by him capture the public corridor area and do not infringe on the privacy of the Lao Mai family. Therefore, he does not agree to dismantle them. In the following period of time, there were frequent disputes between the two families. Later, in order to take care of the feelings of the Lao Mai family, Lao He made a concession and used tape to stick a part of the camera, blocking the area that the camera could capture at the entrance of the Lao Mai family. But Lao Mai felt that the camera was installed right in front of his doorstep, so he insisted on asking Lao He to remove the camera. After unsuccessful negotiations, Lao Mai filed a lawsuit with the Baiyun District People's Court in Guangzhou, demanding that Lao He dismantle the camera and delete the stored video materials related to Lao Mai's home. The Baiyun District Court held in the first instance that, based on the confirmed facts, the camera installed by Lao He, after adjustment, could no longer capture the entrance of Lao Mai's house and the corridor area that Lao Mai's family uses daily, but could still capture the upward staircase. Although this staircase is different from a private space and belongs to a public corridor, using a camera to capture the activities of this staircase will to some extent record and reflect the personal activities and living conditions of Lao Mai and his family, which hinders their daily privacy. Considering that it is reasonable for Lao He to install monitoring devices to ensure the personal and property safety of himself and his family, but he also has the obligation not to harm the legitimate rights and interests of others. Finally, the Baiyun District Court made a judgment in accordance with the law. The defendant is dissatisfied and files an appeal. The second instance judgment of the Guangzhou Intermediate People's Court rejected the appeal and upheld the original verdict. The judge stated that in the era of information networks, tools such as data collection, facial recognition, and video surveillance that can collect, record, and use personal information are becoming increasingly common, and citizens have a stronger demand for privacy protection. Our country's laws do not prohibit individual citizens from installing cameras around their living environment. Citizens should install cameras at their doorstep for their own safety reasons

Edit:Zhoushu    Responsible editor:Jia Jia

Source:http://rmfyb.chinacourt.org

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