Is it illegal to collect hotel surveillance without permission?

Unauthorized collection of hotel surveillance is illegal. Surveillance video belongs to audio-visual materials or electronic data, which is a legal form of evidence, but the collection process must be legal, and individuals have no right to collect it at will.

Legal analysis

According to the provisions of relevant laws, filming, peeping, eavesdropping and unauthorized public privacy activities are violations of rights and interests such as portrait rights and privacy rights, and are violations of civil rights and interests, and should bear tort liability in accordance with relevant laws and regulations. Including the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, guarantee right, copyright, patent right, trademark exclusive right, discovery right, equity right, inheritance right and other personal rights and property rights, citizens have the right to portrait, and without their consent, they are not allowed to use their portraits for profit, which should be regarded as infringement committed by the infringer. The victim can request the court to order the injurer to stop infringing on personal rights or property rights according to law, which is a basic form of tort civil liability. Stopping the infringement can stop the infringement in time and prevent the consequences from continuing to expand. When the infringer's infringement makes the victim's property rights and personal rights unable to be exercised normally, the victim has the right to request the removal of obstacles.

legal ground

People's Republic of China (PRC) Civil Code

Article 1032 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.

Article 103 Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may commit the following acts: (1) Interfere with the private life and peace of life of others by means of telephone, short messages, instant messaging tools, e-mails, leaflets, etc. ; (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; (4) Shooting or peeping at the private parts of others' bodies; (5) handling other people's private information; (6) Infringe upon the privacy of others in other ways.