Is installing a camera at one's own doorstep an infringement? Judge's Interpretation of the Law

2025-04-02

Have you ever encountered the embarrassment of being stared at by a neighbor's camera in the hallway? When smart doorbells become the "door gods" of thousands of households, where should their "eyes" look? On April 1st, China's first administrative regulation to systematically regulate the management of public safety videos officially came into effect. The "Regulations on the Management of Public Safety Video Image Information Systems" comprehensively regulate the construction and use of public safety video systems, clearly defining the installation scope, filing system, and installation restricted areas of cameras in public places. Among them, it is the first time that a "behavioral red line" has been established for devices such as cameras and smart visual door locks installed at the doorstep. So, can I install a camera at my doorstep? How to install without violating regulations? What should I do if it's already installed? Why is' installing cameras at one's own doorstep 'written into legal regulations? In the eyes of many people, installing a camera at my doorstep is already a personal act, why was it specifically written into legal regulations? Let's first take a look at how the regulations stipulate it. The regulation specifies that the installation of image capture equipment and facilities in non-public places shall not endanger public safety or infringe upon the legitimate rights and interests of others, and shall not illegally provide or publicly disseminate video image information related to public safety, personal privacy, and personal information. Liu Weijun, professor of the Investigation School of the People's Public Security University of China: According to the regulations, it is not illegal for citizens to install such image acquisition equipment in their own homes based on their own security needs. But we should note that installing cameras is not just a guarantee for myself, it may also affect the rights of others. So if your image capture device can capture information from public places, then the use of information from public places must comply with the provisions of this regulation, and you cannot illegally use, provide or disseminate it to the outside world. Is installing a video doorbell infringing on neighbors' private space? If the camera captures a neighbor's private space, will it violate their privacy rights? Do neighbors have the right to demand demolition? 27 year old Xiaoli lives alone in a high-rise residential building in a residential area in Changsha. I have had disputes with my neighbors due to the issue of household waste disposal. Due to concerns about her own safety while living alone, Xiaoli installed a smart video doorbell on her home door. However, she was soon sued by her neighbors. Recently, the Yuhua District People's Court in Changsha, Hunan Province, heard a neighborhood dispute over the installation of cameras in front of homes. However, the problem lies in the shooting range of this visual doorbell. The floor where the house is located is a two elevator three household structure, and Xiaoli is in the middle household. The recording range of the visual doorbell is aimed at the entrance and exit of the public elevator shaft. The movement or stay of people in front of the door will trigger automatic photography and recording, and the recorded videos, pictures, and other content will be pushed to Xiaoli's phone. However, Xiaoli did not obtain the consent of the relevant neighbors before installing the camera. The Yuhua District People's Court of Changsha City held that the plaintiff's family internal activity clues, entry and exit whereabouts information, and even family social interactions are all personal privacy and are protected by law. The defendant, out of the need for "life safety protection," has the right to install cameras, but when exercising this right, it exceeds the reasonable scope and infringes on the privacy rights of other citizens. In the end, the court ruled that the defendant should remove the video doorbell installed in front of the entrance door and rejected the plaintiff's other claims. Zhang Songjie, Chief Judge of the Civil Trial Division of Yuhua District People's Court in Changsha, Hunan Province: The plaintiff, facing the defendant's camera, has already been informed of the defendant's daily itinerary, departure time, dates, friends he meets, and social activities, which exceeds the defendant's right to safety protection. We have considered that the plaintiff has not provided evidence to prove the specific extent of his mental damage and the amount of losses incurred as a result, so we do not support this aspect. What about the cameras already installed at the doorstep? In real life, for friends who have already installed cameras at their doorstep, how can they find a solution that is acceptable to both neighbors? Let's take a look at the case heard by the Wuxi Court in Jiangsu. Mr. Dai, who lives in a residential area in Wuxi, requested the removal of a camera installed in front of his neighbor's door, which he believed violated their privacy rights. However, the neighbor only moved the camera to a new location. Due to unsuccessful negotiations, Mr. Dai sued his neighbor in court. Judge Chen Ying from Jiangxi Court of Xinwu District People's Court in Wuxi City: The original camera was installed directly above the entrance door, which is where we can see that there are still three holes. The camera can rotate 360 °, which is the plaintiff's bedroom. The camera must be able to capture the situation in the plaintiff's bedroom. At the same time, this location is the plaintiff's kitchen. After the camera is installed, it will definitely be able to capture relevant activity information in the plaintiff's kitchen. Later, the defendant moved the camera that was originally directly above to the hanging beam on the right-hand side that we see now, and installed it in this place. However, the moved camera can still rotate 360 ° and can still capture the situation in the plaintiff's bedroom. The court believes that the activities of Mr. Dai and his wife in and out of the house, as well as in the residence, are highly related to personal and property safety, private living habits, etc., and should be regarded as personality rights with privacy nature, and should be protected by law. Under the mediation of the court, the defendant took the initiative to rectify the situation by installing a barrier on the camera. Judge Chen Ying from Jiangxi Court of Xinwu District People's Court in Wuxi City: The camera installed by the defendant after the barrier can no longer capture the activity information of the plaintiff entering and leaving the house. In this situation where the defendant has no actual infringement facts, we ultimately did not support the plaintiff's claim and rejected the plaintiff's demand for the defendant to remove the camera. How to install the camera at the doorstep legally and compliantly? From the court's ruling, it can be seen that once a camera installed at one's own doorstep "crosses the line", it may infringe on the privacy rights of others. How can individuals install a camera at their doorstep legally and compliantly? When installing a camera at your doorstep, you need to pay attention to the following three points. Before installation, communicate in advance: it is best to obtain the consent of neighbors or provide friendly reminders to avoid misunderstandings and conflicts. When installing, pay attention to the angle: carefully choose the installation position of the camera and adjust the shooting angle. You can install baffles around the camera to ensure that the shooting range only covers the necessary area in front of your own door, avoiding involving private spaces such as the interior of your neighbor's residence, windows, and passages for neighbors only. At the same time, try to turn off automatic tracking, recording, and other functions as much as possible. After installation, strict data management: the video image information captured and stored by the camera shall be strictly kept confidential to prevent information leakage, and shall not be illegally provided or publicly disseminated to the outside world. What should I do if my neighbor doesn't agree to install a camera at my doorstep? What should you do if your neighbors, who are stakeholders in public areas, do not agree to install cameras at your doorstep? The judge reminds that owners who install cameras need to keep a schematic diagram of the camera coverage area and adjustment records to prove that they have avoided others' privacy during installation. Zhang Songjie, Chief Judge of the Civil Trial Division of Yuhua District People's Court, Changsha City, Hunan Province: During the installation, I fulfilled my relevant obligations. How did I consider the installation, how did I adjust the angle, what are the functions, and whether the scope of the video recording involves other people's public areas and travel information. Keep these pieces of evidence safe. If there is a dispute, we can prove it ourselves. When we installed it, we already considered protecting the privacy rights of our neighbors, and we did not infringe. We can provide evidence to prove it. (New Society)

Edit:Ou Xiaoling    Responsible editor:Shu Hua

Source:CCTV

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Return to list

Recommended Reading Change it

Links

Submission mailbox:lwxsd@liaowanghn.com Tel:020-817896455

粤ICP备19140089号 Copyright © 2019 by www.lwxsd.com.all rights reserved

>