Many people like to install monitoring at home, so that they can keep track of the dynamics at home when they go out. But what if someone tells you that it's illegal for you to install surveillance at your doorstep? Mr. and Mrs. Li have recently encountered such a problem.
For the sake of their own safety, Xiao Li and his wife installed surveillance cameras in front of their home. But the neighbor believes that this camera can also shoot at the door of their own house, and Xiao Li and his wife can clearly grasp their private information such as whether they are at home and who has come to their home through the camera, which violates their privacy and makes him feel uncomfortable. So he asked Xiao Li and his wife to remove the surveillance, and after being refused, the neighbor sued Xiao Li and his wife in court, and finally won the battle, and the court ordered Xiao Li and his wife to remove the camera in front of their door.
Isn't the law allowed for citizens to put cameras on their doorsteps? Which law did Xiao Li and his wife violate?
In fact, at present, there is no law in our country that explicitly prohibits citizens from installing monitoring equipment at the door of their homes. However, according to Articles 1032 and 1033 of the Civil CodeNatural persons enjoy the right to privacy, and except as otherwise provided by law or with the explicit consent of the rights holder, no organization or individual may enter, photograph, or peep into other people's residences, hotel rooms, or other private spaces, nor may they photograph, peep, eavesdrop, or disclose the private activities of others.
The right to privacy granted to every citizen by the Civil Code not only requires no other person to snoop on the private space, private activities and private information that the citizen does not want others to know, but also requires that the citizen's "right to tranquility in private life" must not be violated. After the promulgation of the Civil Code, the term "privacy" was elaborated as follows:"Privacy is the tranquility of a natural person's private life and the private space, private activities, and private information that he or she does not want others to know. ”Compared with the original meaning of the word, the connotation of "tranquility of private life" has been added and improved. The "right to tranquility in private life" is also recognized as an important part of the right to privacy and even the right to personality, and is explicitly protected by law.
In this case, the monitoring equipment installed by Xiao Li and his wife at the door could directly record a series of private information such as the time when the neighbor's family went out, the appearance characteristics of the visitors, and the pictures of their own life, which to a certain extent directly monitored the neighbor's private life, which obviously violated the privacy of the other party and affected the peace of the neighbor's family's private life. After all, when a person's travel rules, living habits, social relations and other personal information are forcibly exposed to another individual's sight, no one can handle it calmly and live peacefully.
Can't you even install a camera in front of your own house? In fact, the key to this problem is that when installing surveillance, it is necessary to pay attention to avoid camera equipment shooting, peeping into the private space of other residents, or intruding on the tranquility of their private life, and not disseminating the captured content to the outside world, otherwise it may bear the corresponding tort liability. If the above conditions can be met, it is naturally no problem to install surveillance cameras in front of your own house.
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