Privacy Protection Under Private Video Surveillance

In the era of big data,the impact of technology on privacy rights and the promotion of protection almost converged.The right of privacy is an important right to guarantee the independence of private life and to maintain the autonomy of personal life.With the rapid development of technology,the privacy right of “keeping secrets,hiding identity,and being out of the way” seems to be difficult to accommodate under the cover of various video surveillance technologies.Under the background of the contradiction between the privacy concept of contemporary people and the monitoring technology and data analysis technology in the era of big data,the use of private video surveillance has caused a certain number of privacy infringement disputes.Despite the judicial practice of privacy protection under private video surveillance,some courts have proposed innovative refereeing opinions on privacy content,scope of protection,and protection standards.However,the expansion of privacy connotation,the generalization of protection norms and the uncertainty of judicial standards have resulted in the confusion or even the lack of scope,methods and standards of privacy protection under private video surveillance.This paper takes the rapid development of private video surveillance technology and the extensive application of equipment as the research background,analyzes the judgment of private video surveillance infringement privacy in judicial practice in China,and demonstrates and clarifies the protection scope and protection standard of privacy under private video surveillance.At the same time,learn from the experience of the United States,Germany,and the EU to identify the privacy protection content of private video surveillance in China,and identify the constituent elements of such infringement types.With a view to the comprehensive protection of privacy rights in the context of the widespread use of contemporary private video surveillance equipment.The first part,the application of private video surveillance technology and the protection of modern privacy.The uncertainty and inclusiveness of privacy has led to the development of modern privacy rights that include spatial privacy and information privacy in today's rapidly changing privacy concept.The rapid development of video surveillance technology can identify specific information within the video,automatic cloud storage,and data interconnection.The cost reduction of video surveillance devices enables citizens andbusinesses to use private video surveillance in their daily lives.Technological advances in private video surveillance have deepened the consequences of privacy infringement.And Widespread use of private video surveillance increases the likelihood of privacy infringement.This reality has brought real threats and challenges to violations of privacy rights that are underprotected.The second part is a comparative study of privacy protection under private video surveillance.Research on legal regulations and a series of cases of video surveillance or camera shooting in Germany,the European Union and the United States.And analyze the rational expectation theory of the United States,the requirements of German monitoring purposes,and the restrictions on the use of video surveillance by the European Union's Article 29 Working Group and the European Data Protection Commissioner.The principles and regulations of the United States,Germany,and the European Union on the purpose,use,and retention and deletion of video surveillance in the protection of privacy.In order to provide experience for the privacy protection of private video surveillance in China.The third part is the judicial practice analysis of privacy protection under private video surveillance.Judicial practice organs are powerful promoters for promoting the development of privacy rights in China.The protection of privacy rights has a strong initiative from the beginning.Through combing and analyzing the judicial judgment documents of private video surveillance behavior infringement of privacy rights,the author has obtained the protection of personal information related to private information and public areas related to private life under private video surveillance.The expansion of privacy protection content.Not only that,some courts have innovated the way of protecting privacy and put forward the idea of“objective privacy threat”.The third part is the judicial practice analysis of privacy protection under private video surveillance.Judicial practice organs are powerful promoters for promoting the development of privacy rights in China.The protection of privacy rights has a strong initiative from the beginning.The author sorts out and analyzes the judicial judgment documents of private video surveillance behavior infringement on privacy rights.In the judicial practice,the protection of personal information related to private information and public areas related to private life under private video surveillance is a broadening of the content of privacy protection.Not only that,some courts have innovated the way of protecting privacy and put forward the idea of “objective privacy threat”.The fourth part is the perfection of privacy protection under private video surveillance.In the judicial practice of China,private video surveillance is the entry point for the protection of privacy protection.Through the analysis of the relationship between personal information,privacy information and privacy rights,and the impact of data analysis technology on privacy protection,anonymity theory and The argument of the value of privacy protection is that the privacy protection under private video surveillance extends to some personal information closely related to private information and public areas closely related to private life.In the judgment of whether or not the monitoring behavior is established,the administration is borrowed.The principle of proportionality in law,through the four-step review of the principle of justification,the principle of appropriateness,the principle of necessity,and the principle of balance,clarifies the legitimacy of the use of private video surveillance;and thoroughly analyzes the creation of judicial practice in China.The concept of "objective privacy threat" combines the legal provisions and theoretical doctrines of the tort liability commitment method and the infringement constituent elements,and clarifies the application of the "objective privacy threat" in the damage identification standard of such infringement disputes.