Recently, the Self-Management Committee of the School of Economics and Management of Jiangsu Suqian University issued a document saying that the inspectors will use the law enforcement recorder from December 5 for the self-management committee's hygiene, prohibition, and night inspection.
Doesn't that violate the right to privacy?After the screenshot was posted on the Internet, it sparked heated discussions.
On December 6, the teacher of the hospital responded: "The situation is true, but it is not being implemented at present." Students are being consulted, and if the controversy is too great, this rule should not be implemented in the future. ”
The above-mentioned staff member explained: "When the student cadres inspected the dormitory, especially after inspecting the unattended dormitory, the student came back from class to report that his personal belongings were lost, and he suspected that he had taken them during the dormitory inspection. The main purpose of this regulation is to prevent this kind of thing from happening, and it does not mean that it depends on the privacy of students. ”
In this regard, Nie Weichang, a practicing lawyer in Chongqing, said, "Wearing a law enforcement recorder to check and collect evidence is suspected of infringing on students' privacy", "The self-management committee of the hospital clearly knows that personal privacy will be involved, and it also issued such a use regulation, which is suspected of knowing the law and violating the law." Who can guarantee that the privacy of a student will not be leaked after the law enforcement camera captures it?”
Does the use of law enforcement recorders to check sleep violate the "right to privacy"?
According to Article 1032 of China's Civil Code, natural persons enjoy the right to privacy. The privacy rights of others must not be infringed upon by any organization or individual through methods such as espionage, intrusion, leakage, or disclosure.
Article 1033 of the Civil Code also clearly stipulates that, except as otherwise provided by law or with the explicit consent of the right holder, no organization or individual may enter, photograph or peep into other people's residences, hotel rooms and other private spaces.
The procuratorate ** issued a document sayingObviously, the privacy of university students should be protected by law. Although the dormitory is not owned by university students, they live in it on a daily basis, and it is of course a "private space" in nature under the above regulations. If the school uses a law enforcement camera to check the sleep without the consent of the students and collects evidence by means of audio and video recordings, which can be used as evidence for the school's rewards and punishments and management, the management efficiency may be improved, but the hidden risk of infringement is also not small.
Some netizens also expressed their goodwill understanding: If you record the behavior of both parties, you will have evidence, and you will no longer be able to prevaricate. This raises another question: the management of universities and their reasonable boundaries.
In accordance with article 29 of the Education Law of the People's Republic of China, schools and other educational institutions have the right to manage themselves in accordance with their statutes.
But it should be made clear thatThe right of student management of colleges and universities shall not conflict with the express provisions of national law. The reason why "using a law enforcement recorder to check sleep" has caused controversy is that it violates the express provisions of the Civil Code.
It is understood that the school has also noticed this controversy and said that "the opinions of students are being sought". According to the above-mentioned provisions of the Civil Code, if such measures cannot be expressly agreed by the students, there is still a risk of infringement, so it is necessary to solicit opinions extensively. In addition, fully respecting the relevant provisions of the law and respecting the opinions of students in student management is also an effective way to improve the quality and efficiency of university management.
* China Youth Daily, Upstream News, Procuratorate**Justice Network.