| Accelerating urbanization degree lead to a phenomenon that large numbers ofpeople continuously inhabited in cities and towns, this situation broughtunprecedented challenges for the management of social order. With the progress ofscientific and technological and the continuous improvement of the level of citizensecurity requirements, high-tech electronic products began to be used in socialmanagement. Video surveillance equipment has a significant role in preservation andfixed of the evidence, prevention and deterrence of crime, efficiency improvement,constraints of the individual words and deeds, and become an effective means ofsocial management. But video surveillance equipment are constantly increasing inpublic places, infringement of citizens’ privacy spate of disputes, began sparkedcitizens’ strong demand that regulate video surveillance in public places, and protectpersonal privacy. However, the law norms that conduct video surveillance of thepublic places is relatively backward, our country could not develop national laws touniformly regulate this phenomenon. Although some local governments developedadministrative regulations for management, the trial standards are not uniform, thissituation result in the actual managerial work of their own way, and brought amanagerial chaos. And the introduced administrative regulations focus on tostrengthen the construction of video surveillance work, and ignore the protection ofpersonal privacy. With the awakening of citizens’ rights awareness, the demand ofpersonal privacy protection increasingly strong, and the unified behavior legislationof the video surveillance in public places has become an inevitable choice. Thisarticle based on this background with a perspective of the privacy protection,discussed how to regulate video monitoring behavior of the public places by lawmeans.In this paper, the body structure is divided into four parts, the first section isbasic problem resolution of the video surveillance in public places, this sectionmainly discusses concepts, classification, characteristics of the public places and how to determine whether a place belongs to the public places or not. At the sametime, this section defined the meaning of video surveillance in public places, pointedout the important role of video surveillance in public places.The second section is video surveillance in public places infringe privacy. Firstof all, this section introduced general development situation of the privacy, definedthe concept and content of the privacy. Then based on the trend that the privacygradually expanse from private residences and other personal private space towardsthe public space in modern social, demonstrate a view that the public places exist theprivacy in the level of privacy, the role of privacy, the perspective of comparativelaw, the classification of public places, the refute of the view that the privacy doesnot exist in public places. Finally, we use case and quoting way to analyze specificforms that infringe the citizens’ privacy by the leaked of private information thatvideo surveillance in public places made, and the upset of the peaceful privacy rights,the interfere of the private life decisions and the other way, and reveal the necessityof legal regulations for video surveillance in public places.The third section is problems of legal regulations for video surveillance inpublic places. the law is not clearly defined the main body who have the right toinstall in public places, so there is a chaos that executive, corporate, individual caninstall video surveillance equipment in public places, and even have a phenomenonthat individuals and government cooperation profit. Because of the lack ofconstraints of the legally enforceable, and in some areas related to personal privacy,personal privacy in a variety of purposes the phenomenon more prominent. Whilethe lack of monitoring data for scientific and rational management, improper use ofvideo surveillance data situation is more common, and is limited to a variety ofsubjective and objective reasons regulatory authorities, and video surveillance inpublic places can not be implemented for effective supervision. Since there are morethan legal regulations problems continue to occur the use of video surveillanceequipment in public places violated citizens’ privacy events.The fourth section is improvement suggestions of legal regulations of videosurveillance in public places. First, this section clear the main body who have theright to install video surveillance in public places, maintain public order functions with state organs, authorized service functions with public administration ororganization, pass strict examination and approval procedures for licensing ofindividuals should install in public places. For installation problems of the region, itshould also list the scope of mandatory,install the range is prohibited, for indeedneed install outside areas listed by general supplementary provisions to specification.In the use of monitoring data,we must standardize the management of monitoringdata,special emphasis on monitoring data using the procedural and purpose oflegitimacy. Finally also should strengthen the supervision of the public securityorgan, clear to the public security organ to the administrative department in chargeof video surveillance in public places, giving the public security organs in the videosurveillance industry and businesses right to review the qualifications for theinstallation of individual,have approval authority for the installation of the personalbehavior, also undertake for all video monitoring equipment within the jurisdictionof the registration and filing obligation.In conclusion, the article’s third and fourth part is the key section, in order toprove the author’s view, this article use the concept analysis, comparative analysis,empirical analysis and other ways, put forward the author’s own advice for legalregulations problems of video surveillance in public spaces. |
