In some life scenes, cameras are what people rely on to protect their lives and property. However, installing cameras at will in public areas may infringe on the privacy of others.
Such a commercial neighbor dispute occurred in Dinghai, Zhoushan, Zhejiang. In order to prevent the loss of express delivery, neighboring shops installed 360-degree rotatable cameras twice in the public corridor. The shooting range covered the passage that the owner of the property next door must pass in and out. Even though it had been demolished by litigation before, the merchant still deployed surveillance again, triggering a second lawsuit. How does the court rule? Where is the boundary between public area security and personal privacy?
The dispute occurred on the third floor of a commercial building in Dinghai District, Zhoushan City, Zhejiang Province. The plaintiffs, Ms. Mei and Mr. Zhou, worked and took lunch breaks in the owned store on weekdays. The defendant rented an adjacent house and ran a clothing store. Because of the issue of installing cameras in public corridors, the two parties went to the Dinghai District Court for litigation more than once.
Judge Assistant Zhang Rong: In October 2023, the defendant installed surveillance cameras for the first time. The plaintiff felt that his privacy rights had been violated and sued the court. Later, the court coordinated with the defendant to remove the cameras on his own, and the plaintiff withdrew the lawsuit. But in January 2025, the defendant reinstalled a camera in the same location, with functions such as 360-degree rotation, remote control, storage and playback, and the shooting range covered the corridor that the plaintiff must pass when entering and exiting the house. The plaintiff believed that his daily routine and visitor information were recorded and he was under surveillance for a long time, so he sued the court again.
I have experienced the first lawsuit. The defendant knew that the plaintiff was opposed to the installation of the camera and had already removed it. Why did it install it again?
Zhang Rong: The defendant is engaged in clothing retail and also operates online and offline businesses. Usually, there are many packages that need to be sent out by express delivery, which will be temporarily piled in front of the store. The first time I installed a camera, it was mainly to prevent the express delivery from being lost. Later, because of being sued, the clothing store dismantled the camera, but after it was dismantled, the couriers were lost again. The clothing store reinstalled the camera in the same location out of the need to protect its property.
Qian Meisheng, the judge presiding over the case in the first instance, told reporters that during the hearing of the case, the court organized both parties and agents to the scene to investigate the installation location and possible impact of the cameras.
According to the provisions of Article 9 of the Regulations on the Management of Public Security Video Image Information Systems, the installation of cameras and other image collection equipment and related facilities in public places should be for the purpose of maintaining public safety, and is limited to units or individuals who have safety precaution obligations for the place. The court held that clothing stores can limit the scope of monitoring to the area in front of their own stores by adjusting the installation location and adding physical shields to reduce the impact on neighbors.
Qian Meisheng: This camera can record private information such as Ms. Mei and Mr. Zhou’s travel patterns in real time, which deprives them of the right to choose and control their own information, and may infringe upon their privacy. Therefore, the court determined that the camera installed in the clothing store violated the privacy rights of Ms. Mei and Mr. Zhou.
The first instance court ruled that the clothing store constituted infringement and removed the camera. The clothing store was dissatisfied and appealed to the Intermediate People's Court of Zhoushan City, Zhejiang Province. After the second-instance judge Gao Jiakan conducted an on-site inspection and explained the law, the clothing store voluntarily withdrew the lawsuit and removed the camera. The first-instance judgment is now effective.
What factors will the court consider when hearing such privacy disputes? Judge Gao Jiakan analyzed:
First, the entry and exit patterns and visitor information of owners and shop operators can reflect their social relationships and living conditions, are private, and should be protected by privacy rights.
Second, privacy infringement is not premised on actual damage. Installing surveillance so that other people’s access information can be recorded at any time constitutes a continuous intrusion on privacy.
Third, the installation of monitoring should not exceed the necessary limit. If there are alternatives that have less impact on others, such as adjusting the location, installing shields, etc., then relevant solutions should be adopted.
In recent years, disputes caused by installation monitoring have been increasing. How to prevent and reduce such disputes?
Gao Jiakan: First consider whether you can pretend. According to the "Regulations on the Management of Public Security Video Image Information Systems", the installation of surveillance in public places should be necessary to maintain public security and should be limited to entities with security precaution obligations. When installing in residential, commercial buildings and other places, you must also comply with contract agreements, owner covenants and legal regulations. If it is determined that it can be installed, the location, angle, and range chosen must be reasonable and cannot exceed the necessary limits. After installation, please note that the stored videos cannot be disseminated at will. If you find that other people's private activities are photographed, they should be deleted immediately. In addition, it is recommended to communicate with your neighbors before installation and put yourself in their shoes to avoid most disputes.
Producer | Chen Bingke
Reviewer丨Fan Xinzheng
Reporter丨Sun Ying
Voice of China, China Central Radio and Television
