In recent years, smart video doorbells with automatic video recording and face recognition have entered more and more homes.

However, while smart doorbells bring safety and convenience to their own homes, they also bring troubles to neighbors and even cause neighborhood disputes.

Does installing a video doorbell at your door violate the privacy of your neighbors?

Do I need to get the consent of my neighbors before installation?

　　encounter

　　Security and privacy collide

　　Ms. Liu and her neighbors are door-to-door.

In July of this year, a neighbor’s house installed a smart video doorbell, but this newly-added high-tech device made Ms. Liu feel more anxious.

　　This doorbell has infrared night vision, real-time viewing, automatic recording, face recognition, cloud storage and other functions. No matter when and where, as long as you use your mobile phone to open the smart doorbell APP, you can always grasp all the conditions outside your home; If someone stays in front of the doorbell for more than 15 seconds, a reminder message will be received on the phone APP.

　　The distance between the two entrance doors is only about two meters, and the camera on the opposite smart doorbell is facing the door of the house.

As long as someone enters or exits Ms. Liu's house, the smart doorbell on the opposite side will light up with a blue light and start recording automatically.

Ms. Liu felt uncomfortable at the thought of being "stared" by a pair of eyes when she was going in and out every day or having relatives and friends visiting.

　　"What time do I go out every day, what time do I go home, what have I bought, who has been to my house... All these whereabouts are well known by his house. It's like someone standing at your door staring at you 24 hours." Ms. Liu It is believed that the smart doorbell installed on the door neighbor has seriously violated his personal privacy.

　　Ms. Liu has also communicated with her neighbors in various ways, but the neighbors felt that they installed a smart doorbell to protect the safety of family members and property, so they did not agree to remove it.

　　Both sides insisted on their own words, and they had trouble for more than two months. They also found the property, the neighborhood committee, and even called the police.

However, neither the property nor the neighborhood committee has the power to enforce the law and can only communicate and mediate from it; the police also came to the door to coordinate, but neither of them is willing to compromise, and the relationship between neighbors has become more rigid.

　debate

　　Does the neighbor's consent need to be installed to install a doorbell?

　　In recent years, smart video doorbells have entered more and more homes.

The reporter searched on the online shopping platform and found that the price of the smart doorbell ranges from one hundred yuan to one thousand yuan. The introductions of many doorbells are advertised. The products have "high-definition wide-angle, more complete and clearer view outside the door" and "smart face". Recognize and quickly judge visitor information" "Video cloud storage, view video records taken by doorbell anytime, anywhere" and other functions.

People-friendly prices and rich features have made more and more families choose these smart products, and the monthly sales of many stores are more than 1,000.

　　In the "Ask everyone" column of the product evaluation, the question about whether the smart doorbell infringes the privacy of the neighbors has been repeatedly asked: "If you want to install the video doorbell, will your neighbors feel that they are being monitored and infringe their privacy?" Will the neighbors have opinions afterwards? Did everyone say hello to the neighbors on the opposite side?" "The video doorbell is installed in the corridor, is it illegal?"

　　Regarding these doubts, everyone has different opinions.

Most people believe that the consent of neighbors should be obtained before installing a video doorbell.

On the one hand, neighbors must understand each other; on the other hand, installing a doorbell may capture the privacy of neighbors.

Therefore, necessary reminders are required.

"I installed a smart doorbell, and the neighbor on the other side said that it violated his privacy, and I was limited to two days to remove it, otherwise it would be broken." A buyer said in a message.

　　However, some people believe that it is their own business to install smart doorbells, and neighbors have no right to interfere.

"The corridor is a public area, and there is no infringement of privacy."

　　embarrassment

　　Who will resolve the smart doorbell dispute?

　　"In the "Property Management Regulations", there is no relevant prohibition on the installation of monitoring equipment in public areas by residents." The staff of Ziyun Home Property Company told reporters that since receiving Ms. Liu's complaint, the property has been 7 years old. Both parties were contacted for mediation, but the two parties could not reach a consensus.

The property reported the incident to the owner's committee. The property, owner's committee, safety supervision department and the owners of both parties conducted five-party mediation, but the result of the communication was still not satisfactory.

　　"We don't have the power to enforce the law. We can only play the role of coordination and communication." The residents committee staff said that after several communications, the neighbor who installed the doorbell agreed to remove the doorbell. The condition is that whoever removes the doorbell must check the integrity of the doorbell and door paint. Responsible, you will be responsible for compensation if it is damaged.

But Ms. Liu disagreed, and the two parties continued to stand in a stalemate.

　　The reporter consulted the dealer of the smart doorbell.

"The human body sensor equipped with the video doorbell can set the detection distance, which can be divided into three levels of 1 meter, 2 meters, and 3 meters. When the detection distance is set to 1 meter, only people move within 1 meter of the doorbell. The doorbell will shoot automatically, so that the neighbors will not enter the mirror when they enter and exit the door. In addition, the installer of the video doorbell can also move the installation position and block it to avoid infringing on the privacy of the neighbors at the door."

　　“If there is a dispute caused by the installation of a smart doorbell, and the property cannot be coordinated, you can choose to report to the police, and the police will come to mediate.” The police at the location of Ziyun Home said that whether the installation of the smart doorbell harms the rights of others and whether it constitutes a violation of the law depends on the situation. If one party constitutes an illegal fact, it can be removed by the police.

　　statement

　　Smart doorbell cannot affect the privacy of others

　　Lawyer Peng Yanjun of Beijing Changhong Law Firm believes that the owner's entry and exit records, visitor status and other information belong to the category of personal privacy.

If the smart doorbell can objectively monitor and record the neighbor's entry and exit records and meeting conditions, it is suspected of infringing on the privacy of the other party, and its installation should be subject to certain restrictions.

While using smart doorbells to protect their own lawful rights and interests, the parties should do their due diligence to avoid or reduce the impact on the privacy of their neighbors and other lawful rights, otherwise they need to bear corresponding adverse consequences.

　　Article 288 of my country's Civil Code stipulates the basic principles for handling neighboring relations, that is, neighboring right holders of real estate should correctly handle neighboring relations in accordance with the principles of facilitating production, facilitating life, solidarity and mutual assistance, and fairness and reasonableness.

When the neighboring party exercises its rights, it should reduce the inconvenience to the life of the neighboring right holders and avoid hindering the rights of others.

Therefore, Lawyer Peng suggested that it is best to actively inform neighbors when installing smart doorbells, try to obtain their understanding and consent, and choose a reasonable installation method and location according to the structural layout of the floor of your house as much as possible, and consider installing baffles at specific angles. , Narrow the field of view.

　　"In real life, different people's attention to privacy and the process of accepting new things are inevitably different, and it is normal to generate different understandings. I hope that both parties can think in empathy and communicate fully, and all parties are within reasonable limits. To properly resolve conflicts and build a harmonious neighbor relationship.” Attorney Peng suggested that if the two parties really fail to negotiate, they can file a neighbor relationship lawsuit in the court, and the court will investigate whether the installation of the smart doorbell is harmful to the neighbors. The protection of privacy or personal information constitutes a real threat. Whether it causes substantial harm to the rights and interests of neighbors, it is determined whether it should be removed or the installation location should be adjusted.

　　"Laws tend to lag behind the development of social life, and they often lack legal restrictions on new things. Smart doorbells are new things." Lawyer Peng Yanjun added that although laws and regulations are not clearly stipulated, the owner has the right to formulate and modify management regulations of.

According to Article 17 of the "Property Management Regulations": the management protocol shall stipulate the use, maintenance and management of the relevant property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities for violations of the management protocol.

The management regulations are binding on all owners.

Therefore, if the management regulations of a residential community make prohibitive provisions on this behavior, the owners should abide by it, and the property can exercise management rights.

Our reporter Chu Yingshuo