Suggestions for improving camera legislation

About the mandatory installation scope of the camera and the main body of responsibility

Mandatory installation is a form of administrative compulsion, and the scope and subject of compulsory installation must have clear provisions in laws, regulations, and regulations. Regarding the definition of the scope of mandatory installation of cameras, at the national level, there are no specific legislations other than those stipulated by laws and administrative regulations such as the "Anti-Terrorism Law of the People's Republic of China" and "Regulations on Internal Security Protection of Enterprises and Institutions". At the local level, 13 provinces (autonomous regions and municipalities), including Beijing, Inner Mongolia, Liaoning, Jilin, Guangdong, and Xinjiang, have successively promulgated government regulations that specifically regulate the installation and management of cameras. Without exception, they stipulate the scope of mandatory installation, but the prescribed forms and There are many different kinds of species, and there are different degrees of strictness.

About the camera's prohibited installation range

Corresponding to the mandatory installation is a voluntary installation, that is, the act of voluntarily installing a camera in an area in order to maintain its own security or interests for the organizations and individuals outside the mandatory installation body. The voluntary installation of rights and freedoms belonging to citizens is a personal and civil act. Administrative agencies should not interfere too much. However, no more intervention by the administrative agency does not mean that voluntary installers can do whatever they want. Specific to the scope of installation, individuals or organizations must be installed in all their own areas. The scope of prevention and monitoring can only be their own area. There is no right to install cameras in other people's regions or public areas. Otherwise, it will constitute rights to others. Infringement. If the legislation does not make a prohibition, according to the legal principle that "law does not prohibit it," it will result in the installation of cameras in places involving personal privacy is not illegal, which is extremely detrimental to the protection of the legitimate rights and interests of citizens. The author proposes that in the mandatory installation, the scope of installation should also be clearly forbidden. That is, it is forbidden to install and use a camera in a hotel room, a dormitory, a public bath, a dressing room, a bathroom, or other place involving the privacy of others.

About camera management and use

(1) Management of the camera

According to the principle of “who shall govern and who should build it”, whoever is responsible for investing in the installation of the camera, whoever is responsible for managing the camera, this is in accordance with the spirit of jurisprudence. The management of the camera can be either the installation unit's own management or other units. At the same time, it is recommended that legislation clarify the requirements for establishment of safety inspections, operation and maintenance, emergency handling, and regular inspections. It is expressly forbidden to change the use and installation position of the camera without authorization in order to ensure normal operation and protection of the rights of others. At the same time, the object of supervision by the public security agency should be a camera that is legally required to be installed. Because the places where mandatory cameras are installed are closely linked with social and public security, whether the operation is normal or not is directly related to the administration of society by the administrative agencies, the public safety of the society, and the public interests of the unspecified majority. Therefore, the government should control the situation. Must also be controlled; and voluntarily installed cameras, security is not installed is the freedom of citizens, what type of camera installed, grade camera is also the freedom of citizens, the executive authorities should not interfere too much.

(2) Use of camera

One is the installation unit itself. It is a statutory right and a statutory obligation to install and use the camera in accordance with the law, but it is not allowed to use the installed camera to view other people's information and public information. The use of the camera must not be in violation of the provisions of the law. Information concerning state secrets, trade secrets and personal privacy should be used. Confidentiality shall not be copied, provided for others, bought, sold, disseminated, illegally broadcasted, and the collected information shall be subject to effective supervision. Otherwise, if it constitutes infringement upon the legitimate rights and interests of others, it will bear the corresponding civil liabilities. Subject to administrative or criminal penalties. The second is the units and individuals outside the installation unit. If it is for a camera installed by the government in a public area, citizens, legal persons, and other organizations should apply for a review. From the perspective of serving the people's livelihood, research should be conducted on the principles and procedures for the review. If it is for cameras installed by other organizations, Public security agencies and state security agencies should not expand the scope of empowerment unless they have the right to conduct law enforcement inspections and the special calling rights of related functional departments in handling emergencies.