How to implement the new fashion of the Time of the Time | The Privacy Case of Winning?

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A case can highlight the principle of rule of law.

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The official WeChat official WeChat of the Supreme People's Court launched the "New Fashion of the Time of Tips and Great" to take you back to the shining "small cases", reflecting on those "truths" contained in it, and experience the promotion of every judicial case. Fairness and justice. This issue brings you a case of privacy.

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Because the neighbors installed the camera at home to shoot the private space of Uncle Yuan, over the sixty years old, he picked up legal weapons to maintain his legitimate rights. Recently, under the implementation of the People's Court of Wuhan City, Wuhan City, Hubei Province, the camera involved in the case was removed and the video materials related to Uncle Yuan's living life were deleted. The neighbors who once "swordsmanship" finally shook hands.

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Neighbors Liu installed the camera on the second floor of his self -built house for safety considerations. Uncle Yuan found that the camera could shoot private spaces such as his bedroom and toilet, and repeatedly negotiated and reported to Liu, but he did not completely solve the solution completely Essence For more than four years, the contradictions and conflicts between the two sides have been upgraded, and they have become more and more intense. In desperation, Uncle Yuan filed a lawsuit with the court in June 2021. After the first trial and second trial, the court of second instance decided that Liu "corrected the camera's orientation." After the verdict came into effect, Liu failed to consciously fulfill the obligation to determine the effective legal documents. In January 2022, Uncle Yuan applied to the Caidian District People's Court for compulsory implementation.

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After the case was accepted, the executive judge conducted an investigation and conversation with the parties in accordance with the law. By understanding, it was found that the two parties were controversial to perform their obligations. The focus was that the camera's orientation was adjusted. Uncle Yuan believes that the camera should be dismantled. Liu believes that the judgment does not determine the specific direction and angle of the camera towards the adjustment, without execution content, and cannot be enforced.

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After research and judgment, the undertaking judge believes that although the judgment has not clearly adjusted the specific direction or angle of the camera's orientation, it can be determined according to the needs of the parties' legal rights. It can neither violate Uncle Yuan's privacy nor letting the camera completely lose security function. After checking the scene, it was found that because the two locations were adjacent to the plane, if the camera was adjusted on the plane, it was not avoided to shoot the private space such as Uncle Yuan's bedroom and toilet, and if the vertical adjustment was adjusted, the camera would lose security function.

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Facing the deadlock, the executive judge has organized two parties for negotiation. On the one hand, the law -reliance on the law of the two sides and repairing the neighborhood relationship; on the other hand, it emphasized that the installation camera did infringe the privacy of Uncle Yuan, and informed Liu that he refused to perform the list of dishonestyes and assumed the corresponding legal responsibility. Essence Under the patience of the judge, Liu finally demolished the camera by himself, and the two sides finally shook hands.

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Judge's mind

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People's Court of Caidian District, Wuhan City, Hubei Province

First -level judge Wang Nianci

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民法典人格权编规定：“自然人享有隐私权。任何组织和个人不得以刺探、侵扰、泄露、公开等方式侵害他人的隐私权。”在自家门口安置摄像头虽然是出于安全考量，但所有的All rights should be exercised within the reasonable boundary limit, and the public interests of the society and the legitimate rights and interests of others shall not be harmed. In this case, Liu's behavior of installing the camera exceeded the reasonable limit and violated the privacy of Uncle Yuan. In addition, installing the visible doorbell in the residential building may also infringe on the privacy of neighbors due to the privacy of others. The development of scientific and technological development and privacy is a pair of themes of Xianghe. While enjoying the convenience of high -tech means, we must protect our privacy and be careful not to invade the privacy of others.

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Implementation is the last line of defense to protect the personality of citizens. After the privacy is infringed, citizens can pick up legal weapons like guarding material rights to maintain their privacy. This case also reminds us that the executed person who has the ability to perform the ability to perform and refuses to stop invading others can also be included in the list of people who have been dishonesty. Detention and fine.

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Expert Reviews

Professor of Law of Wuhan University

Director of Wuhan University Law and Science and Technology Research Center

Zhang Hong

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The enlightenment of this case is that while modern technology adds a sense of security to daily life, it may also become a dangerous source of privacy.Execution is the "last mile" for the protection of the rule of law. The implementation of the personality rights victory should be based on the law as the criterion to give full play to the subjective initiative of the execution process. Through the flexible and diverse specific enforcement plan, the factors that threaten the dignity of the personality should be eliminated as much as possible.Through the effective implementation of the court, the judicial "protective shield" that strengthens the peaceful and private information of citizens, allowing citizens to be more confident when maintaining their own personality rights in accordance with the law.

Source: Supreme People's Court News Bureau

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