What the Law Says Regarding Installing Cameras in Public Space?

The Regulations on the Administration of Public Security Video Image Information Systems have been adopted at the 48th Executive Meeting of the State Council on December 16, 2024, and shall come into force as of April 1, 2025. The following is the main content we have organized:

I. These Regulations are formulated to standardize the management of public security video image information systems, safeguard public security, and protect personal privacy and the rights and interests of personal information.

II. The public security video image information system (hereinafter referred to as the public security video system) as mentioned in these Regulations refers to a system that collects, transmits, displays and stores video image information of areas related to public security through the installation of image acquisition devices and related facilities in public places.

III. Public places where public security video systems can be installed include:

1) The main roads in urban and rural areas, the boundaries of administrative area roads, bridges, tunnels, underground passages, squares, and the surrounding areas of key units for public security and security;

2) Places where people gather, such as business centers, convention and exhibition centers, tourist attractions, cultural, sports and entertainment venues, educational institutions, medical institutions, government service halls, parks, public parking lots, etc.;

3) Transportation hubs such as exit and entry ports (passages), airports, port passenger terminals, navigation buildings, railway passenger terminals, bus passenger terminals, urban rail transit stations, etc.;

4) Medium and large public transportation vehicles such as passenger trains, operating passenger-carrying vehicles, urban rail transit vehicles, passenger ships, etc.;

5) Service areas of expressways and ordinary national and provincial trunk roads.

The installation of image acquisition devices and related facilities in the above-mentioned places and areas or other public places shall be necessary for maintaining public security. Except for the relevant government departments stipulated in these Regulations and the units responsible for operation and management (hereinafter collectively referred to as the management units of public security video systems), no other unit or individual may install them.

IV. It is prohibited to install image acquisition devices and related facilities in the following areas and parts of public places:

1) Inside the guest rooms or private compartments of business accommodation places such as hotels, restaurants, guesthouses, hostels, homestays, etc.;

2) Inside the rooms of student dormitories, or inside the rooms where units provide accommodation and rest services for internal personnel;

3) Inside public bathrooms, toilets, changing rooms, breastfeeding rooms, fitting rooms;

4) Other areas and parts where the installation of image acquisition devices can photograph, peep, or eavesdrop on the privacy of others.

The units or individuals responsible for the operation and management of the above-mentioned areas and parts shall strengthen daily management and inspection. If image acquisition devices and related facilities are found to be installed in the above-listed areas and parts, they shall immediately report to the public security organs at the local place for handling.

V. The management units of public security video systems shall, in accordance with the requirements of being necessary for maintaining public security and focusing on protecting personal privacy and the rights and interests of personal information, reasonably determine the installation positions, angles and acquisition scopes of image acquisition devices, and set up obvious prompt signs.

VI. The management units of public security video systems shall, within 30 days as of the date when the systems are put into use, file the basic information on the construction and installation of public security video systems with the public security organs of the people's governments at the county level in the local places.

VII. The video image information collected by public security video systems shall be stored for not less than 30 days; after 30 days, the video image information for which the processing purposes have been achieved shall be deleted. Where laws and administrative regulations otherwise provide for the storage period of video image information, such provisions shall prevail.

VIII. In order to protect the life, health and property safety of natural persons, with the consent of the management units of public security video systems, the individuals themselves, their close relatives or other persons responsible for guardianship, care and custody may consult the relevant video image information; and they shall not illegally provide or publicly disseminate the learned video image information involving public security, personal privacy and personal information.

IX. When the video image information collected by public security video systems is used for public dissemination in accordance with the law and may damage the legitimate rights and interests of individuals and organizations, strict protective measures shall be taken for the sensitive personal information involved, such as human faces, motor vehicle license plate numbers, as well as the information of legal persons and unincorporated organizations, such as their names and business licenses. 

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