Can the automatic parking door be installed and monitored? The court ruled!

Installation monitoring is for security

Inadvertently invade other people\’s privacy

You know the \”transition between public and private\” between public and private Is there any right and obligation in the space? Let’s take a look at the following case

01

Basic facts

Li and Zhang are neighborhoods on the same unit building, and the two warehouses are adjacent. In March 2022, Zhang installed a 360-degree panoramic monitoring camera on both sides of the door of the car warehouse. Li believed that the camera could take pictures of his entry and exit activities and daily life, infringing on his privacy rights. He also asked Zhang to remove it many times, but Zhang refused to remove it. In desperation, Li sued Zhang to the court and asked the court to adjust or decide in accordance with the law to remove the two image heads of the installation. Zhang claimed that the door of his car warehouse was a blind monitoring area in a small area. In order to protect his property, he installed the two heads involved in the case, and did not infringe on Li\’s exclusive space and personal privacy, so he asked to return Li\’s lawsuit.

02

Court review

The court held that the Civil Code of the People\’s Republic of China\” 200 Article 88 stipulates that the relevant rights holders who do not move should handle the relevant relationship correctly according to the principles of benefiting production, convenient life, mutual assistance in groups, fairness and rationality. Article 1032 stipulates that natural persons enjoy privacy. No organization or individual may infringe on the privacy of others by means of spying, invasion, leakage, or public disclosure. Privacy is the private life of a natural person and the private space, private activities, and private information that he does not want to know for others.

In this case, the monitoring image head installed by the defendant Zhang on the walls on both sides of the door of his car warehouse, especially the image head that is closely related to the plaintiff\’s car warehouse. The shooting scope is necessary for the plaintiff and his subordinates to enter and exit the car warehouse. In the venue, the plaintiff and his friends can collect traffic carriages such as entrances and exits, so that the plaintiff feels that his daily access and exits are under supervision, and his private life is in an unsafe state, that is, the defendant\’s behavior of installing the image head exceeds the reasonable scope, resulting in the privacy of others at any time. The exposed state constitutes an infringement of others\’ privacy and shall bear the legal responsibility of dismantling the image device. However, after the court\’s on-site investigation, among the two cameras installed by the defendant, the main shooting area of ​​the monitoring camera that was not related to the plaintiff\’s car warehouse was the area in front of the defendant\’s car warehouse, which was far away from the plaintiff\’s car warehouse and had a smaller impact on the plaintiff, so the court then decided The defendant Zhang demolished the head of the image in the opposite direction to the plaintiff Li\’s car warehouse, and the other head of the image does not need to be demolished.

After the judgment, the plaintiff filed a lawsuit, and asked to decide to remove another monitoring image installed on the wall on the side of the warehouse. The court reviewed the case in the second trial and filed a lawsuit, and maintained the original judgment.

03

Judge\’s Legislation

According to Article 1032 of the Civil Code of the People\’s Republic of China, natural persons enjoy the right of privacy. Any organization Or individuals are not allowed to infringe on others\’ privacy by means of spying, invasion, leakage, or public disclosure. The personal information of natural persons is protected by law. In real life, many people have a narrow understanding of personal information, but they do not know that health information, traffic information, etc. can be single Or by combining with other information to identify specific natural persons, all kinds of information belong to the scope of personal information protected by law. Personal information being collected may bring unnecessary worries to the person being collected.

In daily life, Citizens also enjoy privacy rights, such as the area in front of the warehouse, the staircase of the door, and the \”transition space\” between a completely open public space and a thorough private space. If the installation of monitoring facilities is inappropriate, it may be private to others. In order to establish a good neighborhood relationship, we should fully negotiate with neighborhoods before installing monitoring facilities in this special area to avoid unnecessary disputes.

04

Legal Link

Article 288 of the Civil Code of the People\’s Republic of China stipulates that the relevant rights holders who do not possess shall be in a favorable way to produce and facilitate their lives, The principle of mutual assistance, fairness and rationality of the group, and the relevant relationship is handled correctly. Article 1032 stipulates that natural persons enjoy the right to privacy. No organization or individual may spy on spies, invade, leak, or disclose them for public purposes. Methods infringe upon the privacy of others. Privacy is the private life of a natural person and the private space, private activities, and private information that he does not want to know for others.

Reposted from: Chinese universal law