| Public security video surveillance system has been paid attention to by all countries in the world since its construction,playing a very important role in guaranteeing public security,maintaining social order and strengthening social management.With the development of "Safe City" construction,"Sky Net Project" and "Clear Project",China’s public security video surveillance system has gradually formed a huge monitoring network.While affirming the important role and positive effect of this system,we can not ignore the negative impact on civil rights brought by the setting of public video surveillance system and the publicity and use of public security video image information.Nowadays,the disclosure and use of public security video and image information has become an irreversible trend.Such information not only shines brilliantly in the field of public security,but also plays an important role in the field of non-public security,with very valuable information and data value.However,the disclosure and use of such information in China’s social practice is still in a disordered state,and there are still gaps in the legal provisions and disclosure system of public security video and image information,which cannot cope with the demand for disclosure and use of such information in today’s information and data era.It can not solve the problem of improper disclosure of public security video image information in practice.Based on the above background,this paper analyzes the the "regulations on the administration of public security video image information system"(hereinafter referred to as "Administration Regulations")from the draft released five years since the social environment,law system,propagation environment and the public demand changes,to explore the changes in the terms of the regulations on the management to set up and what are the improvement of the system of public influence,This paper discusses the improvement of the public security video image information disclosure system from the following three parts:The first part defines the concept and characteristics of public security video image information,expounds the subject and theory of disclosure,clarifies the boundary of such information disclosure,and lays a foundation for subsequent research.The second part illustrates the two dilemmas of public security video image information in practice: one is the disunity of the public situation.This paper sorted out judicial cases related to the disclosure of public security video and image information,compared the disclosure status and reasons of such information in practice through cases,and explored the current disclosure status of such information.The second is the negative impact caused by the improper disclosure of such information in practice.Through the analysis of practical cases,it is found that improper disclosure of such information leads to the infringement of citizens’ privacy and personal information.In this context,it is necessary and urgent to improve the disclosure system of public security video and image information.The third part sorts out and analyzes the regulations on the disclosure of public security video and image information in the Administrative Regulations and the existing local legislation,and finds that the disclosure provisions of the Administrative Regulations have some problems such as limited disclosure scope,unclear disclosure standards and lack of disclosure procedures.There are some problems in local legislation,such as big difference in legislative basis,disunity in disclosure scope and standard,imperfection in disclosure procedure and vague legal terms.The existing public security video image information disclosure system is not smoothly connected with the relevant legal system.In today’s practice,the public security video image information disclosure needs a perfect system to match it,but the current public system in China can not respond to this demand well.Fourth part on the basis of the study,in view of the improvement of the system of public security video image information are proposed,in order to through equity public relationship with the citizens’ rights protection of such information,arouse public security video image information using value and vitality,through the information and data of the open reduce the management cost of such information,Give full play to the benefits of this kind of information in the field of non-public security,and provide an institutional approach to realize the two values of information disclosure and civil rights protection.Specifically,the first is to improve the disclosure provisions in the Management Regulations;The second is to play the guiding and promoting role of the Administrative Regulations on local legislation;Third,explore the connection between the Administrative Regulations and other relevant laws,such as the Regulations on Government Information Disclosure,the Personal Information Protection Law and the Data Security Law;Finally,the relevant measures to improve the public security video image information disclosure provide help for the implementation of the disclosure system. |
