If an individual needs litigation or other cases, he can hire a lawyer to apply to the court for an investigation order or to apply to the court for transfer, and can only watch it with the consent of the person in charge of management and monitoring.
Because it involves personal privacy and employee behavior, it must be strictly regulated. Now, all major units will install monitoring to shoot the dynamics and daily work of employees. Employees' private investigation and monitoring will grasp the monitoring angle, which will cause privacy leakage to other employees, avoid surveillance shooting and exploit management loopholes.
If the public security organ needs to handle a case, it can collect monitoring, but the public security organ also needs corresponding instructions to collect it, and it cannot infringe on citizens' privacy without reason. Public security organs have the obligation to maintain social order and the personal and property safety of citizens.
Whether the monitoring needs to go through the public security organs depends on the specific situation:
1. If the surveillance video in the public security system is accessed, it generally needs the approval of the public security organ;
2. If the civil surveillance video is accessed, it can be accessed through consultation with the monitor, and generally does not require the approval of the public security organ, such as the surveillance video in the store and factory.
When the public security bureau detects a case, it can collect surveillance video for evidence collection. The public security bureau needs to issue relevant certificates to obtain evidence when collecting surveillance video.
The Public Security Bureau needs to issue the following documents when obtaining the surveillance video, and then it can obtain the evidence:
1, letter of introduction from the public security department;
2. Notice of obtaining evidence;
3. People's police card.
The public security bureau belongs to the competent authority and has the right to inquire. Law enforcement officers of the Public Security Bureau can show their work permits and inquiry books, and go to the bank counter to inquire about the bank card transaction records under the name of the criminal suspect. After verifying the identity of the inquirer and the inquiry book presented, the bank staff need to cooperate with the inquiry unconditionally.
From all angles of monitoring equipment, monitoring facilities and equipment belong to all owners * * * and some * * * own facilities and equipment, which belong to the collective property of community owners. It is reasonable and legal for the owner to check the monitoring facilities and equipment in his own community.
Legal basis:
Article 1032 of the Civil Code of People's Republic of China (PRC):
Natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public. Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.
When collecting surveillance video, you need to issue a letter of introduction from the public security department, a notice of obtaining evidence, a people's police card and other documents for obtaining evidence.
The parties may apply for inspection and monitoring for other legitimate reasons, such as the theft of their homes, the loss of mobile phones and other items, and the rubbing of vehicles. When their rights and interests are infringed, they can also be monitored by the public security department through alarm.
If it is not illegal or criminal to take control of your own home, it is a punishment of your own rights. However, if you collect and view surveillance videos of others or public areas privately, it may be suspected of breaking the law, and if you further process and sell them, it may be suspected of committing a crime.
Videos that record portraits or private information of others, which contain other people's privacy, violate other people's privacy if they are accessed without their consent. Therefore, reasonable and legal procedures are needed when retrieving surveillance video.
Article 1033 of the Civil Code of People's Republic of China (PRC)
Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may commit the following acts:
(a) by telephone, SMS, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;
(2) Entering, taking photos or peeping into other people's private spaces such as houses and hotel rooms;
(3) Shooting, peeping, eavesdropping or revealing other people's private activities;
(3) Shooting or peeping at other people's private parts;
(4) handling other people's private information;
(6) Infringe upon the privacy of others in other ways.
Article 62 of the Procedures for Handling Criminal Cases by Public Security Organs:
When the public security organ takes evidence from the relevant units and individuals, it shall, with the approval of the person in charge of the case-handling department, issue a notice of taking evidence, stating the evidence taken and the time limit for providing it. The transferred unit, its agent and the individual holding the evidence shall sign or seal the notice. Refuse to seal or sign, the public security organ shall indicate. When necessary, the content of evidence and the process of obtaining evidence shall be fixed by audio and video recording.
Article 63:
Evidence materials, such as physical evidence, documentary evidence, audio-visual materials, electronic data, expert opinions, inspection records and inspection records, which are accepted by public security organs or obtained by administrative organs according to law in the process of administrative law enforcement and case investigation and handling, can be used as evidence.