| In recent years,with a series of government video monitoring projects such as "Safe City","Skynet Project" and "Clear Project",public video monitoring has been rapidly popularized in cities and rural areas in China.The number of public video monitoring cameras in China ranks first in the world,and we have built the largest video monitoring network in the world.At the same time,great changes have taken place in technology.Intelligent video analysis technology,represented by face recognition technology,has emerged.These technologies enable public video monitoring to record video images,and also to recognize citizenship,collect and analyze information,which brings unprecedented risks to citizens’ privacy rights and personal information rights.The research question of this paper is how the connotation and extension of citizens’ privacy changed in the context of intelligence,what new technologies have emerged in the field of public video monitoring system,how to regulate the new risks brought by these new technologies,and how to protect citizens’ private rights.The first chapter defines the concept of privacy and public video surveillance,and combs the development process from traditional privacy to informational privacy,as well as the intelligent development of public video surveillance.Since its birth,the connotation and extension of the right to privacy have been constantly changing.the traditional right to privacy is mainly to protect spiritual interests such as personal dignity and freedom,but in the data age,privacy should also include personal data information that can directly or indirectly reflect the private life of citizens.At the same time,the composition and technical characteristics of the public video surveillance system have changed greatly,so that it not only has the function of image recording,but also has the functions of identity identification,information collection and analysis.It has the characteristics of non-intrusiveness,non-contact and convenience.The second chapter discusses the conflict between the national public power represented by public video surveillance and the private rights of citizens represented by the right to privacy,including monitoring without clear warning signs,improper setting of places that infringe upon private space,and improper preservation and disclosure of video surveillance materials.The reason for the conflict is that it is difficult to guarantee the citizens’ right to know,the huge government database may lead to the abuse of personal information,and intelligent video surveillance technology brings new risks.On this basis,this chapter analyzes that the key to balancing this conflict is to strengthen the restrictions on both sides,not only to prevent the expansion of public power,but also to prevent the generalization of the interpretation of the right to privacy.The third chapter tries to sort out the protection of the right to privacy and the regulation of public video surveillance in the current legislation of our country,and points out the shortcomings,and there are two points in the protection of the right to privacy: First,the subject and object of privacy(information)are not classified and graded protection;second,the protection mode is mainly private law protection and lack of public law protection.There are also two deficiencies in the regulation of public video surveillance: first,the legislative level is low,and there is a lack of unified special legislation at the national level;second,the legal attribute of public video surveillance is not clear,and the relief ways of private rights are absent.In view of the shortcomings of these legislation,the fourth chapter examines the advanced experience of the United States,Britain,France,Canada and other countries in the regulation of public video surveillance and the protection of the right to privacy,and combined with the national conditions of our country,this paper tries to explore the way to protect the right to privacy under public video surveillance in our country.Specifically,we should start from two aspects: one is to improve the legal protection of the right to privacy and personal information,which needs to strengthen the integrated protection of the right to privacy by public and private law;secondly,it is necessary to improve the hierarchical protection system of personal information and clarify the standards of classification.The second is to strengthen the restriction and supervision of public power by law,and improve the pre-procedures for the installation of public video surveillance;secondly,it is necessary to set up special information regulatory agencies.Only in this way can we achieve the effective restriction of public power and ensure the smooth operation of public video surveillance in the track of the rule of law. |