From the fitting room, you can see a surveillance camera on the wall facing the fitting room. In the middle of the Jiugongge picture is the picture taken by the surveillance camera opposite the fitting room, and the monitoring range is only the rest area outside the fitting room. Recently, the citizen Miss Wang told the Shenzhen evening news that recently she went to the naive blue photo studio where she took the "most beautiful ID photo". When she changed clothes in the fitting room in the store, she saw a camera on the wall facing the fitting room in the mirror of the fitting room. In this regard, Miss Wang felt very uneasy and suspected that the camera could capture the customer's change of clothes.
In recent years, privacy leaks in public places occur frequently, causing public concern. At the same time, privacy protection in public places has also become a legal problem that must be faced. To this end, the reporter of Shenzhen evening paid a field visit to verify whether the naive blue photo studio leaked privacy customers. At the same time, he also interviewed lawyers to understand the legal rights protection of privacy disclosure.
Reporter's visit: the camera only monitors the rest area outside the fitting room
According to the situation reflected by Miss Wang, recently, the reporter came to the naive blue photo studio located in Longhua Jiufang shopping center. Naive blue photo studio is a photo studio that provides exquisite certificate photos, business image photos and high-end family portraits as its core services. Therefore, many customers come here to take 'the most beautiful certificate photos'. There are two fitting rooms side by side in the store. There is a gap above the door of the fitting room. A working surveillance camera is installed in the corner opposite the fitting room. The camera can be seen from the mirror in the fitting room. Subsequently, the reporter checked the monitoring picture of the camera under the leadership of the employees. The reporter saw that the picture taken by the surveillance camera was only the rest area outside the fitting room. The reporter also checked the picture of the day Miss Wang came to the store and the pictures of other days. The shooting range of the camera was the rest area outside the fitting room.
In addition to the camera problem, Miss Wang also said that because the dressing room of naive blue photo studio is shared by men and women, the dressing area is outside the fitting room. When some customers are changing clothes, others are choosing clothes outside the fitting room. Because the door of the fitting room is relatively low and there is a large gap, the lower door of the fitting room can not block the sight of higher customers, and may also cause the leakage of customers' privacy. " I am 176cm tall. The door of the dressing room is about the same height as me. I can see the situation in the fitting room on tiptoe. " Ms. Wang said.
The reporter's field visit found that the door of the dressing room is about 180 cm high. If tall customers pass by, there is indeed a risk of privacy disclosure.
Staff: relevant information will be reported to the person in charge
Ms. Zhang, a staff member of naive blue photo studio, said that the surveillance cameras in the store were fixed downward and could not rotate. The monitoring area was a rest area outside the fitting room.
In view of the problem that the door of the fitting room is not high enough and customers with high height can see the situation in the fitting room, the staff member Ms. Zhang told reporters that the door height of the fitting room is reasonably set after considering the general situation. There is a gap above the door to facilitate the staff to deliver clothes to customers in time, and customers outside will be guided by a special makeup assistant when choosing clothes, However, Ms. Zhang also said that there was no guarantee that the situation worried by Miss Wang would not occur. She will timely convey the information raised by the customer to the relevant person in charge to see if the position of the surveillance camera and the door height can be adjusted accordingly.
Lawyer: there is a possibility that consumers' privacy may be violated
Lawyer Su shuchao of Huashang (Longgang) law firm said that businesses may infringe on consumers' privacy.
"You can see the camera in the fitting room, but you can't see the fitting room from the monitoring screen. Maybe it's because the camera wasn't facing the fitting room at that time. If the camera can rotate, it's possible to take a picture of consumers changing clothes. In this case, the merchant violated the privacy of consumers." Su shuchao said.
Once consumer privacy is leaked, how to determine the responsibility?
Su shuchao said that according to the provisions of articles 21 and 22 of the tort liability law of the people's Republic of China, if the operator infringes upon the personal rights of others such as the right to privacy, the infringed can request to stop the tort liability such as infringement. If others have serious mental damage, the infringed can request compensation for mental damage.
If a third party infringes upon the consumer's right to privacy, according to Article 6 of the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of personal injury compensation cases, the operator, as a security obligor, shall bear the corresponding supplementary liability to the extent that it can prevent or stop the damage.