QUESTION:
Hello fellow lawyers. I wonder a bit about this.
If the house next door has a camera in that person's house, I won't tell. But what are you talking about over there, it's recorded. And also a camera put in front of my house. Can I sue?
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
According to the provisions of Article 12 of the Law on Telecommunications 2009 on Prohibited acts in telecommunications activities:
Stealing, eavesdropping, peeking at information on telecommunications networks; theft, unauthorized use of telecommunications resources, passwords, cryptographic keys and private information of other organizations and individuals.
According to the provisions of Article 102 of Decree 15/2020/ND-CP on violations of regulations on storage, rental, transmission, supply, access, collection, processing, exchange and use of information
A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:
q) Listening to, recording illegal conversations; According to the provisions of Article 21 of the 2013 Constitutional Law:
Everyone has an inviolable right to privacy, personal and family secrets; has the right to protect its honor and reputation.
Information about private life, personal secrets, family secrets are guaranteed by law to be safe.
According to the provisions of Article 38 of the 2015 Civil Code on the right to private life, personal secrets and family secrets:
Private life, personal secrets, family secrets are inviolable and protected by law.
The collection, storage, use, disclosure of information related to private life, personal secrets must be consented by that person, the collection, storage, use and disclosure of information related to personal life Family secrets must be agreed by family members, unless otherwise provided for by law.
Regarding your question, it is a violation of the provisions of Article 12 of the Telecommunications Law for your neighbor to record your family's conversation. If there is enough evidence to prove it, you can report it to competent state agencies to intervene and ask them to stop this action immediately. With this behavior, your neighbor can be fined from VND 10,000,000 to VND 20,000,000.
At the same time, according to the provisions of Article 38 of the Civil Code 2015, private life, personal and family secrets are inviolable and protected by law. Using a camera to record images of other families and individuals without their permission is an invasion of privacy, personal and family secrets and is an illegal act. However, installing a camera in front of each family's house is essential and can be a source of support for the authorities in investigating when a theft occurs, so if the camera is installed in a neighbor's house but there An angle that hits your family cannot be considered an invasion of privacy. If you feel that your neighbor's family's behavior affects your family's private life, you can collect evidence that your neighbor's behavior is an invasion of your honor, dignity, and reputation. and their families to ask the authorities to intervene, force them to stop working or sue. However, whether the authorities will handle and accept the lawsuit depends on the source of evidence provided by you.
Here is our answer to the question. If you need free legal advice, please message us on Fanpage or contact us via hotline (84-28) 2253 7956, website www.medlaw.vn