With the development of Internet of Things technology, intelligent door locks, electronic cat's eyes and other devices with recording and video functions have entered thousands of households. Many people choose to install electronic locks for personal safety and to prevent delivery loss. But in the case of limited space in the building's public passageway, will such door locks and doorbells infringe on the privacy of neighbors? Recently, Beijing Fengtai Court heard such a neighborhood lawsuit.
Zhang and Sun are neighbors in Fengtai District of Beijing. The two entrance doors are at right angles. Zhang's family is located inside Sun's house. When Zhang enters the house, he needs to pass in front of Sun's house. One day in 2023, Zhang found that his neighbor had replaced the door lock, and the newly installed door lock was equipped with a camera. Zhang thought that Sun had installed an intelligent door lock with camera function without his consent, which caused his family members to enter and leave and visitors to violate their privacy rights under Sun's supervision for 24 hours, and appealed to Beijing Fengtai District People's Court to ask his neighbor Sun to remove the intelligent door lock.
During the trial, Zhang said that he specifically consulted the customer service of his flagship store on an e-commerce platform about the smart door lock in his neighbor's home. The customer service said that this smart lock has a 120 ° wide-angle camera with a sensing distance of three meters. It monitors the movement outside the door 24 hours. When someone stays at the door abnormally, it will automatically capture the video. The captured video can be viewed on the mobile app, You can also view the real-time situation outside the door directly through your mobile phone.
In this regard, Sun, a neighbor, argued that the smart door lock with a camera was installed to ensure his own safety and prevent the loss of express delivery, and he had no idea of peeping or infringing on the privacy of his neighbor.
The court found that it constituted infringement and decided to dismantle it
The case was judged that Sun constituted an infringement and was sentenced to remove the door lock. But as Sun said, most people install smart door locks for their own safety and convenience, without the idea of peeping into the privacy of their neighbors. Can the electronic cat eye be used? How to define personal privacy?
After hearing the case, the court held that Article 111 of China's Civil Code stipulates that the personal information of natural persons is protected by law. Article 1032 stipulates that natural persons enjoy the right to privacy. No organization or individual may infringe upon the right of privacy of others by means of spying, intrusion, disclosure, publicity, etc. Privacy refers to the private space, private activities and private information of a natural person who has a peaceful private life and is unwilling to be known by others.
Although the camera on the electronic door lock of the Sun family's house did not directly shoot the neighbor Zhang family, the shooting range includes the public walkway in front of the door. Compared with the social public space, the people who use the walkway are more specific. Normally, there are only Zhang and Sun family members. The electronic lock with a camera installed by Sun recorded and stored personal information that his neighbor did not want to be known to others, threatening and infringing the privacy of his neighbor.
Peng Yu, Judge of Beijing Fengtai District People's Court: This kind of monitoring will produce a feeling of depression and restraint for the plaintiff psychologically. This feeling has actually violated the plaintiff's right of privacy in terms of his own private life and tranquility, which also infringes the plaintiff's personal information, including information about whereabouts.
The court finally found that Sun's act of installing an intelligent door lock with a camera function constituted an infringement, and decided that Sun would remove the camera on his house's entrance door within 30 days after the judgment came into effect. At present, the judgment has come into effect.
The judge suggested that before installing electronic equipment with recording and video functions at the entrance door, it is best to consult the neighbors in advance, enjoy the convenience brought by technology under the legal norms, and build a harmonious neighborhood relationship.
Peng Yu, Judge of the People's Court of Fengtai District, Beijing: From the perspective of neighborhood relations, as neighbors, we should still make mutual understanding and tolerance. Before installation, we should try our best to communicate and discuss with neighbors or interested parties in advance. After disputes are corrected, we still hope that both parties will follow the principle of mutual understanding, mutual accommodation, solidarity and mutual assistance, Try to negotiate and resolve.
