Traditional Culture Encyclopedia - Photography and portraiture - Is it legal to install monitoring at home?
Is it legal to install monitoring at home?
Legal analysis
At present, there are no clear and specific legal provisions for private installation of cameras. If a citizen installs a camera personally, it is to protect the safety of personal property, and the shooting scope only involves personal living space and public places, which is generally not prohibited by law. But this does not mean that the camera can be installed at will. If the public security interests or the privacy of others are violated, the installer will bear corresponding legal responsibilities. As for the constitutive elements of invasion of privacy, as long as the camera is aimed at public places, does not involve residents' doors and windows, and is not specifically aimed at others, it is not an invasion of privacy. There is a * * * area at the door, away from privacy. I can only say that there is a problem. Therefore, for the sake of neighborhood harmony, if residents want to install cameras in front of their homes, it is best to ask their neighbors for permission in advance or kindly remind them. In addition, it is not allowed to spread the content of the shooting to the outside world through channels such as the Internet, otherwise it may infringe on the legitimate rights and interests of others, such as portrait rights, and violate the law.
legal ground
Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others; (3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment; (4) Threatening, insulting, beating or retaliating against witnesses and their close relatives; (5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.
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