10.2020 Life Guide
Is it against the personal information protection law to publish the automobile data recorder picture?
Far eastern New Century Corporation Legal Dept /
Sometimes traffic accidents happen right in front of your own eyes. Would you like to provide a driving recorder video to help clarify the truth of the accident, but are you worried about touching the law? This issue of "legal column" is specially for you to analyze what should be paid attention to when publishing the train recorder screen.
Case study
One day, when Xiaohua was driving out, he found two vehicles in front of him. Behind one of the white cars, there was a red car constantly forcing them to drive. Finally, the white car collided with the road separation island in order to dodge. Xiaoming, the white car driver, was slightly injured.
As the red car drove away on the spot, Xiao Ming didn't see the license plate number clearly, so Xiaohua was eager to provide his own driving recorder video. The film records the whole process of driving a red car and clearly distinguishes its license plate number. Xiaoming not only informs the police of dangerous driving behavior of red car driving, but also publishes the film on Facebook, causing netizens to search for human flesh to find out the little wind of red car driver. Xiaofeng can't bear the accusation of netizens. Instead, he claims that Zhang Xiaohua and Xiaoming provide and publish license plate numbers and train recorders, in violation of the personal data protection law. Is Xiaofeng reasonable?
Description
1、 Does the license plate number belong to "personal data" under the personal data protection law?
According to Article 2 (1) of the personal data protection law (hereinafter referred to as the "personal data law"), personal data refers to the name of a natural person, the date of birth, the unified number of national identity card, etc., which can directly or indirectly identify the individual. However, for ordinary people, the license plate number of a car or locomotive cannot immediately identify the owner or driver of a vehicle on the spot, so it does not It belongs to "personal data" as defined in the personal data act.
2、 Is it against the law of the people's Republic of China to publish the images of train recorders?
According to Article 51, item 1, paragraph 2 of the personal data act, the personal information method is not applicable to the audio-visual data collected, processed and used in public places or activities but not combined with other personal data. Therefore, if only the license plate number is used for the image images recorded by the vehicle recorder, there is no application of the individual data.
The Ministry of justice's Letter No. 10203502790 of March 27, 102 also explains that this law does not apply to images of non-governmental or public service organs recorded by vehicle recorders if they only involve non-specific images of natural persons and are not combined with other personal data. (note)
Therefore, Xiaohua's mere provision of the vehicle recorder film and Xiaoming's publication of the vehicle recorder images do not violate the personal law.
Conclusion
Although the vehicle recorder only takes the license plate number and does not combine with other personal data, there is no violation of the personal information law. However, sometimes, if the content of the film is beyond the scope of danger warning and reporting illegal content, it still involves the problem of privacy infringement. In order to be cautious, we should pay attention to the relevant laws and regulations when publishing the content, so as to avoid violating the law.
* Note: for reference, the Ministry of justice's Letter No. 0999009760 dated April 13, 1999, the legal letter No. 1000014276 dated June 9, 100, and the legal letter No. 10203500150 dated January 28, 102 are referred to.
Case study
One day, when Xiaohua was driving out, he found two vehicles in front of him. Behind one of the white cars, there was a red car constantly forcing them to drive. Finally, the white car collided with the road separation island in order to dodge. Xiaoming, the white car driver, was slightly injured.
As the red car drove away on the spot, Xiao Ming didn't see the license plate number clearly, so Xiaohua was eager to provide his own driving recorder video. The film records the whole process of driving a red car and clearly distinguishes its license plate number. Xiaoming not only informs the police of dangerous driving behavior of red car driving, but also publishes the film on Facebook, causing netizens to search for human flesh to find out the little wind of red car driver. Xiaofeng can't bear the accusation of netizens. Instead, he claims that Zhang Xiaohua and Xiaoming provide and publish license plate numbers and train recorders, in violation of the personal data protection law. Is Xiaofeng reasonable?
Description
1、 Does the license plate number belong to "personal data" under the personal data protection law?
According to Article 2 (1) of the personal data protection law (hereinafter referred to as the "personal data law"), personal data refers to the name of a natural person, the date of birth, the unified number of national identity card, etc., which can directly or indirectly identify the individual. However, for ordinary people, the license plate number of a car or locomotive cannot immediately identify the owner or driver of a vehicle on the spot, so it does not It belongs to "personal data" as defined in the personal data act.
2、 Is it against the law of the people's Republic of China to publish the images of train recorders?
According to Article 51, item 1, paragraph 2 of the personal data act, the personal information method is not applicable to the audio-visual data collected, processed and used in public places or activities but not combined with other personal data. Therefore, if only the license plate number is used for the image images recorded by the vehicle recorder, there is no application of the individual data.
The Ministry of justice's Letter No. 10203502790 of March 27, 102 also explains that this law does not apply to images of non-governmental or public service organs recorded by vehicle recorders if they only involve non-specific images of natural persons and are not combined with other personal data. (note)
Therefore, Xiaohua's mere provision of the vehicle recorder film and Xiaoming's publication of the vehicle recorder images do not violate the personal law.
Conclusion
Although the vehicle recorder only takes the license plate number and does not combine with other personal data, there is no violation of the personal information law. However, sometimes, if the content of the film is beyond the scope of danger warning and reporting illegal content, it still involves the problem of privacy infringement. In order to be cautious, we should pay attention to the relevant laws and regulations when publishing the content, so as to avoid violating the law.
* Note: for reference, the Ministry of justice's Letter No. 0999009760 dated April 13, 1999, the legal letter No. 1000014276 dated June 9, 100, and the legal letter No. 10203500150 dated January 28, 102 are referred to.
