The customer found that the camera was facing the massage bed, and the foot bath shop said that it was installed according to regulations. The police station responded that the privacy area was never forced to be covered——
How to make business premises cameras close the eyes of infringement
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Some businesses have irregular behaviors in installing cameras in their business premises.
Some cameras are installed in private spaces such as bathrooms and fitting rooms. Some cameras can be easily cracked due to technical problems. Some cameras can accurately recognize faces to analyze customer groups. The lawyer proposed that the installation of cameras should be further refined. Specifications, make clear regulations on who will install, place, quality requirements and other issues, and draw out restricted areas and bottom lines.
A few days ago, two women in Hangzhou, Zhejiang Province found that the camera in the room was facing the massage table behind the foot bath shop.
In this regard, the store said it was a request from the police station. The police station responded that installing cameras in public places is a public security measure, but it has never forced businesses to install them in private areas, and they must fulfill their duty of reminder after installing surveillance.
Installing cameras in business premises is undoubtedly conducive to maintaining law and order and resolving disputes.
However, in recent years, the irregular installation behavior of some businesses has repeatedly caused privacy infringement and information leakage risks.
And who can install the camera?
Where is it installed?
Who has access to store and view?
These issues still need to be refined in the form of legislation.
Can restaurants install cameras in private rooms?
Why do businesses need to install cameras?
The reporter learned from many supermarkets and restaurants in Beijing that most of the businesses are out of safety considerations.
A medium-sized supermarket has installed more than a dozen cameras in the aisles of the shelves. "There are records of things lost in the store or things dropped by customers, and it can also facilitate the police to solve the case."
In a restaurant in Beijing, not only the front desk, lobby and other areas are equipped with cameras, but several private rooms are also covered by surveillance.
The restaurant manager told reporters that there were customers in the private room who put foreign objects in the meal "touching porcelain" before, and in order to avoid losses, they could only install monitoring.
In this regard, the reporter randomly interviewed several customers who were dining.
Many people expressed their understanding and believed that as long as it does not affect the consumer experience, it is the freedom of the merchants to monitor how they are installed.
Some customers also questioned, "The choice of the private room is because of privacy. If every word and deed are recorded without knowing it, who can eat well."
Controversy has always existed.
In February last year, a chain of hot pot restaurants was exposed to have a cloud-desktop camera in the private room. The customer service responded that the private room belongs to the restaurant and is also part of the public place.
In August, a clothing store in Shenzhen was accused of installing a camera above the women's fitting room. The store argued that the video would not be leaked. "Only the manager has the right to view it and is supervised by the headquarters."
"The law does not prohibit businesses from installing cameras in their business premises, but they are not allowed to install them at will." Xie Yanping, the founding partner of Beijing Zhuopu Law Firm, said that there are currently no special regulations for the installation and supervision of cameras in my country, and relevant regulations are scattered in Industry regulations and departmental regulations.
However, according to the Personal Information Protection Law, the installation of image capture and personal identification equipment in public places shall be necessary to maintain public safety, and prominent warning signs shall be set up.
Liu Xiaochun, executive director of the Internet Rule of Law Research Center at the University of Chinese Academy of Social Sciences, believes that when monitoring is installed in business premises, businesses must clearly inform them so that customers have psychological expectations for their portraits and behaviors to be collected.
In addition, customers have different privacy expectations for different consumption scenarios. Compared with public areas such as cashiers and commodity display areas, locker rooms and hotel boxes are private spaces, and the installation of cameras is suspected of violating privacy rights.
How to store a lot of information without losing it
How to save the information recorded by the camera?
According to the introduction of the merchant, the camera or the cash register system comes with it, or it is purchased from the Internet. The recording storage time is linked to the application memory, usually 10 days to one month, and can be downloaded to the U disk or mobile phone in advance.
However, the reporter's investigation found that many surveillance videos are being disseminated on social platforms at home and abroad, involving massage parlors, homestays, baths and other business places.
According to multiple media reports, there is a grey industry chain behind it: criminals crack the permissions of other people's cameras, sell IDs for real-time viewing, and develop offline agents to resell them. Some "boutique" IDs have been fired to thousands Yuan.
A network security practitioner Liu Adu (pseudonym) told reporters that the early products did not fully consider the protection of personal information, and the factory passwords set were relatively simple and easy to crack, and they could even be found by searching for brands on the Internet.
These cameras are still circulating in the market, and many buyers do not have the awareness of resetting their passwords, resulting in personal information being caught in a "streaking" situation.
Recently, a sales office in Foshan, Guangdong was found to be equipped with 4 face capture cameras, which captured and stored 340,000 face images in total.
Law enforcement officials said that the store failed to provide written consent for the collection of customer face information, and the filming was suspected of breaking the law.
The reporter searched on the e-commerce platform and found that many stores provide customized services of the so-called "smart store management system".
"This practice completely deviates from the original intention of installing cameras and is illegal," Xie Yanping said.
Xie Yanping analyzed that face information belongs to biometric information in sensitive personal information, which is unique and unchangeable.
According to the Civil Code and the Personal Information Protection Law, the processing of sensitive personal information must be based on the principles of legality, legitimacy, and necessity, the written consent of the parties must be obtained under the premise of full notification, and necessary measures must be taken to ensure information security.
Relevant laws and regulations need to be refined and unified
At a time when cameras are becoming more and more popular, how to make them open their eyes of supervision and close their eyes of infringement?
"The pace of legislation should be faster." Xie Yanping believes that the relevant provisions of laws such as the Personal Information Protection Law are more principled, and some vague areas are exposed in the implementation.
The legislature should further refine the installation specifications of cameras, make clear provisions on who will install, position, quality requirements, etc., delineate forbidden areas and bottom lines, and fix them in the form of normative documents, technical regulations, etc.
In March last year, Shenzhen explored legislation targeting cameras.
The "Shenzhen Special Economic Zone Public Safety Video Image Information System Management Regulations (Draft)" proposes to prohibit the installation of cameras in hotel rooms, public bathrooms, changing rooms, breastfeeding rooms and other places and areas that may reveal citizens' privacy; it involves public safety portraits and license plates, etc. The video and image information system for the collection of sensitive information shall be planned by the public security organ in a unified manner.
Liu Xiaochun suggested whole-process supervision.
Camera manufacturers should improve product quality and safety capabilities in accordance with the Data Security Law and other regulations; e-commerce platforms should conduct strict self-inspection, so that infringing products such as "passenger flow statistics cameras" have no place; various social platforms must fulfill their information review obligations, Comprehensively clean up illegal and harmful information involving camera cracking and trading.
In addition, relevant departments urgently need to explore technical means to trace the whole process of cameras from production, sales to application.
"Businesses who buy cameras are the most important link in the chain." Xie Yanping believes that the "record review system" for the installation of cameras in business premises can be implemented, and the public security and market supervision departments shall supervise; businesses themselves must purchase equipment from formal channels and destroy them in time Monitor the video and change the camera password regularly.
"The concern and protection of privacy and personal information seems to increase operating costs, but businesses that respect consumers' rights and interests will eventually be recognized by consumers, which is also the meaning of high-standard services and fulfilling social responsibilities." Xie Yanping said.
Reporter: Chen Xi