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CCTV Beijing, March 3, according to the Voice of China News of the Radio and Television Station, the "Zhuzhou City Public Security Image Information System Management Regulations" came into force in Zhuzhou City, Hunan Province on March 1, which is known as the country's first local regulation to manage public security cameras. What considerations, discussions, and adjustments have been made during the legislative process? According to this regulation, how to manage and use public security cameras, and what is the balance between public interests and individual rights and interests?
The legislation is not about installing more cameras.
The "Regulations on the Management of Public Safety Image Information System in Zhuzhou City" (hereinafter referred to as the "Regulations"), which came into force on March 1, are local regulations, and the relevant management measures or regulations previously announced and implemented in some places in China belong to local regulations. According to the Zhuzhou Municipal Public Security Bureau, the bureau began to investigate in 2021, focusing on the drafting and formulation of ** regulations on the management of public security cameras, but in the process, it was found that public safety management involves the rights and obligations of administrative counterparts, which exceeds the authority of ** regulations. The Legislative Affairs Committee of the Standing Committee of the Zhuzhou Municipal People's Congress said that the current superior law has no detailed provisions on how to regulate the use and management of the image information system, and in order to strengthen the protection of personal privacy and personal information, local legislation needs to be supplemented and improved.
The reporter noticed that the first regulations announced and implemented in some places listed the places and areas where public security cameras should be installed, while the local regulations in Zhuzhou City stated that they were "determined according to relevant laws, regulations and national mandatory standards such as the "Image Information Collection Specifications for Key Public Safety Areas", and did not specifically list the places and areas. Cao Quanguo, vice chairman of the Zhuzhou Municipal People's Congress and deputy director of the Legislative Affairs Committee of the Standing Committee of the National People's Congress, told the Voice of China that this is the result of listening to the opinions of all parties in the legislative process.
Cao Quanguo said: "How to enumerate and how big the scope of the enumeration is itself controversial, and this is the first reason. Second, we are legislating primarily from the perspective of normative use, not to install more cameras. We are practicing whole-process people's democracy, so that the public knows and supports the formulation of this regulation. Since the beginning of the deliberation stage of the National People's Congress, we have recorded 214 door-to-door visits to enterprises, more than 500 people participated in the symposium, and 17,291 people participated in the online questionnaire survey. Through the public announcement to solicit opinions, the number of clicks on the Internet has reached 1 million, which is relatively large from the perspective of the legislation of prefecture-level cities. We have collected 533 valid opinions and suggestions, and we will give feedback and communicate with the objects of the opinions and suggestions one by one whether they adopt each opinion, what the reasons for adopting them are, and what the reasons for not adopting them are. ”
Non-** investment construction cameras are not mandatory to be networked.
The Regulations list the places where the installation of ** image acquisition equipment (i.e. cameras) is prohibited, including private spaces in public areas such as hotel rooms, collective dormitories, public baths, fitting rooms, etc., which may infringe on personal privacy, unless otherwise provided by law. It also stipulates that the managers of the above-mentioned establishments shall prevent the illegal installation of cameras.
Deng Xingle, captain of the Image Construction Management Brigade of the Graphic Investigation Detachment of the Zhuzhou Public Security Bureau, introduced: "For example, the managers of hotels and shopping malls must take the initiative to find out whether there are needles in the hotel rooms in their daily management, and take the initiative to avoid the occurrence of these situations." ”
According to the competent authorities of Zhuzhou City, the departments that have built the first image information platform in the city and the departments that have the need to use it in the future mainly include public security, urban management, emergency management, administrative examination and approval, transportation, agriculture and rural areas, water conservancy, etc., and the platforms are not fully connected, and the data cannot be shared. At the same time, there are still a lot of needs for the installation of cameras in the city, if not coordinated and standardized, it is easy to cause disorderly construction, duplicate construction, resulting in waste of resources.
The regulations stipulate that the people of the city shall make full use of and integrate the resources of the image information system and establish a unified public safety image information sharing platform. However, there is a classification definition of whether the camera is connected to the information sharing platform: simply put, the investment in the construction of the first should be networked except for those prohibited by law; Non-** investment in the construction of should be reserved networking interface, in addition to the provisions of the law, encourage but not compulsory networking.
Cao Quanguo said: "At that time, there was a view that all cameras, no matter who built them, should be connected to the Internet, and the public security organs could view them at any time, so that all the cameras in the whole society could be connected, so that illegal and criminal acts had nowhere to escape." However, another opinion is that, first, from the perspective of the Civil Code, the right holder of the property right enjoys direct control and exclusive rights in accordance with the law, and my camera was bought by me on the Internet and installed by myself, and I have the right to control; Second, is it possible to infringe on trade secrets and personal privacy if all the Internet is connected? It also increases operating and maintenance costs; Third, during the deliberation stage, the Standing Committee of the National People's Congress held that there are other ways to maintain public security besides compulsory networking. In general, this trade-off was ultimately made in order to balance the public interest and the individual interest. ”
Limit the conditions of access to the request to avoid revealing the privacy of others.
The regulations stipulate that the owner or manager of the camera shall regulate the collection, storage, use, transmission, access, and reproduction of image information, including regular maintenance, to ensure the effective operation of the system; Establish and implement a system for accessing and leaving traces of image information; Except as otherwise provided in accordance with law, the period for storing information must not be less than 30 days. For the circumstances under which individuals can use the information captured by public security cameras, the "Regulations" are limited to: due to the loss of special groups of persons such as the elderly, children, and persons with intellectual disabilities, their guardians and close relatives may apply to the public security organs to access public security image information.
Cao Quanguo introduced that in the legislative process, the loss of property and pets have been discussed, but it is believed that the urgency is not as good as that of the above-mentioned special groups of people who are lost, and they can also seek help by reporting the case and other means, so as to avoid leaking the privacy of others in the process of accessing information.
Cao Quanguo said: "It is very likely that he will see the personal information of an unspecified number of other people in the process of checking the pet dog, which is difficult to ensure that it does not infringe on the privacy of others, and finally we still limited this scope." ”
In order to avoid leaking the privacy of others, the "Regulations" also limit the access method of public security ** images to: the public security organ will check and inform the applicant of the results. "The inspection can only be checked by the public security organs, and I cannot check it. In order to avoid the invasion of other people's privacy that I just mentioned, the review uses your mind to record the private information of others that you shouldn't see. Cao Quanguo said.
Reporter: Is it the public security to inform the results of the inspection, instead of the applicant staring at the whole process?
Cao Quanguo: Yes, there are still unforeseen risks in staring at the whole process.
The Regulations stipulate that the public security organs shall formulate and disclose the conditions and procedures for applying for access to public security image information.
Deng Xingle introduced: "How to apply, what kind of procedures to consult, we also have to formulate corresponding standards, corresponding regulations. ”
In addition, public safety ** image acquisition equipment should also be set up with conspicuous reminder signs. The specifications for the setting of reminder signs are also formulated by the Zhuzhou Municipal Public Security Organs. Deng Xingle said that such signs not only remind the public near the camera to pay attention to the protection of personal information, but also serve as a deterrent to lawbreakers and criminals.
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