A draft of regulations on public security cameras bans surveillance cameras in hotel rooms, bathrooms, locker rooms, nursing rooms and other private spaces.
The draft, which is soliciting public comments, spells out a fine of up to 5,000 yuan (US$768.26) for individual violators and up to 30,000 yuan for companies and institutions.
Recently, Haidilao hot pot’s installation of CCTV (closed-circuit television) cameras in private rooms has sparked controversies. “Eye in the sky” in public spaces is vital for public security as it can target and deter criminals, and gather evidence for solving criminal cases. However, personal privacy violations from the improper collection and use of surveillance images are common.
The draft regulations provide explicit provisions on the privacy issue. The draft bans CCTV cameras in some venues that may involve privacy. The individual violators shall be fined between 2,000 yuan and 5,000 yuan, and institutional violators shall face a fine between 10,000 and 30,000 yuan. Those violating public security administration regulations shall be punished under China’s Public Security Penalties Law. Suspects shall be handled by the judicial authorities according to law.
The draft also specifies venues where CCTV cameras are required for maintaining public security, such as public areas, critical institutions and facilities involving public security. The venues include airports, ports, docks, railway stations, bus stations and other transportation hubs; key parts of checkpoints and national borders; squares, tunnels and pedestrian crossings; educational, medical and social welfare institutions, libraries, cultural centers, stadiums, tourist attractions, exhibition centers, industrial parks, hotels, residential compounds and other places.
The draft expands the scope of camera installation for certain areas. Currently, hospitals, schools and farmers’ markets are allowed to install CCTV cameras only at important spots and business venues. Residential complexes’ CCTV cameras also cover only the entrances, exits and perimeters. The draft allows the full coverage of cameras in public areas, important institutions and facilities.
The draft also stipulates that collected information shall not be used to disclose State secrets, commercial secrets, personal privacy, and shall not violate the legitimate rights and interests of people, legal entities and unincorporated organizations.