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recently,

a blogger posted a video exposure on social media saying,

in several b&bs in xinhua district, shijiazhuang city

multiple hidden cameras were found.

the blogger also said that during the filming of the video,

they were surrounded by b&b owners and others.

according to the blogger's video record, he used the equipment to find a candid camera hidden on the air-conditioning duct in a room of a b&b, and immediately called the police. in the afternoon of the same day, when the blogger again found a camera device in another room, he was surrounded by the b&b management.

on the evening of september 24, shijiazhuang police reported the b&b camera incident. three suspects suspected of illegally using special equipment for eavesdropping and photographing were all arrested and criminal coercive measures were taken in accordance with the law.

coincidentally, according to xiaozheng video released on september 25, in baotou, inner mongolia, netizens said that when they checked into a hotel, they found a camera on the air conditioning unit facing the bedroom bed. they were shocked and contacted the hotel management. the front office manager responded lukewarmly. tell him to call the police. the local police station said: it is being handled and the specific situation will be announced.

in the past two days,

a series of secret camera incidents have been exposed.

raising public concerns about hotel privacy and security

widespread attention.

many netizens said,

the act of installing cameras to take secret photos is so abominable.

should be severely punished according to law!

about the hotel camera secret filming incident

legal issues involved

fa baojun explains it clearly in today’s article

let’s take a look at the professional interpretation brought by yang lijie, a member of the lawyer expert database of "rule of law daily" and senior partner of beijing tianchi juntai (qingdao) law firm!

1. if a pinhole camera is discovered while staying in a hotel or b&b, who should be held responsible? if hotel and b&b operators are not involved in the installation of pinhole cameras, are they still responsible?

yang lijie:if a pinhole camera is found in a hotel or b&b, the responsibility usually falls on the individual or unit that installed the camera. these actors have violated the privacy and personality rights of hotel residents and may face civil liability and administrative penalties. in serious cases, they may also constitute criminal offenses. for example, illegal use of special equipment for eavesdropping and photographing may result in imprisonment. , criminal punishment such as detention or surveillance.

if the hotel or b&b operator did not participate in or cooperate with the installation of pinhole cameras and was unaware of the existence of the cameras, then they may not be held legally responsible. however, according to the provisions of my country's civil code, consumer rights protection law, "hotel industry public security management measures" and other laws and regulations, operators have the responsibility to provide safety guarantees for guests. if the guests fail to provide a safe accommodation environment, in case of losses, operators may be required to bear corresponding civil liability for compensation. therefore, operators should take proactive measures, such as regular room inspections, to ensure that guests' privacy rights are not violated.

2. what rights of hotel residents are violated by tenants installing pinhole cameras in hotels and b&bs? what penalties are possible? if the camera installer is found out, can the hotel ask for compensation?

yang lijie:the act of installing pinhole cameras mainly destroys the peace of private life of hotel residents and the private space, life and information that they do not want others to know, and may infringe on the personal dignity of hotel residents. therefore, this behavior mainly infringes on the privacy of residents. the privacy and personality rights of store personnel. in addition to being liable for civil compensation, including compensation for mental damage, violators may also face administrative penalties and criminal penalties, that is, administrative detention and fines for violating the public security management punishment law; if the circumstances are serious, it may constitute illegal use, such as the crime of eavesdropping, stealing special equipment, etc. shall be punished with fixed-term imprisonment, short-term detention, or surveillance.

if the camera installer is found out, the hotel or b&b operator can ask for compensation, because this behavior violates the legitimate rights and interests of the hotel residents and causes damage to the reputation of the hotel or b&b. if a hotel or b&b operator is sued by a hotel guest for this reason, he or she may further claim for the compensation loss.

3. what is the nature of the behavior of the hotel owner in surrounding the blogger in this incident? the hotel claimed that the blogger’s behavior caused them losses and demanded compensation. is this claim legally reasonable?

yang lijie:the hotel owner's containment behavior first of all violated the blogger's right to personal freedom and personal dignity in a civil manner, which is a civil tort. from the video, it can be seen that the containment behavior was accompanied by certain physical pushing, verbal threats, etc., and may also be violating the public security administration punishment law is an administrative violation.

whether the hotel's appeal is legally reasonable needs to be judged based on the specific circumstances and legal provisions. judging from the video, there is indeed a pinhole camera installed in the hotel. the blogger did not distort or fabricate the facts in his exposure. his behavior was based on the protection of public interests and consumer rights and did not violate legal provisions. the hotel demanded compensation. there is no legal basis. of course, if the blogger commits illegal acts during the exposure process, such as infringing on the hotel's trade secrets and reputation rights, or acting excessively or even distorting facts, causing damage to the hotel's reputation or even business losses, the hotel has the right to demand compensation. but in any case, after such an incident occurs, both parties, especially the hotel party that has the obligation to ensure the safety of customers, should treat it rationally and deal with it in accordance with the law to avoid excessive behavior that may cause further damage or even illegal crimes.

4. what should you do if you find a camera while staying in a hotel? how to safeguard rights?

yang lijie:first of all, stay calm, don't panic, and don't touch or move the camera to avoid damaging the evidence. take photos and videos of the scene as much as possible, including the location, appearance, and surrounding environment of the camera. these photos and videos will serve as important evidence.

secondly, contact the hotel management, explain the situation to them, and ask them to take immediate measures, such as blocking the room, protecting the site, etc. at the same time, you can call the local police hotline 110 to explain the situation to the police.

finally, ask the hotel to give a reasonable explanation and solution, and the hotel may bear certain responsibilities, such as refunding the room fee, compensating for losses, etc. if the hotel refuses to take responsibility or the solution is unreasonable, it can complain and safeguard rights through channels such as consumer associations and tourism regulatory authorities. if mental damage or other losses are caused, you can consider legal means to sue the hotel and the person responsible for installing the camera and ask for compensation for the losses. in short, when you find a camera in a hotel, you should stay calm, take timely measures to safeguard your rights and protect your legitimate rights and interests.

5. how should hotels and b&bs strengthen preventive measures against pinhole cameras?

yang lijie:first of all, hotels or b&bs should conduct regular security training to let employees understand the common forms, installation locations and identification methods of hidden cameras. training content can include how to check electrical equipment, furniture, decorations and other places in the room where cameras may be hidden. emphasize employees' sense of responsibility, require employees to remain vigilant in their daily work, and report suspicious situations in a timely manner.

secondly, hotels and b&bs should establish a strict room inspection system and conduct a comprehensive inspection of the room before guests check in and after check out. inspectors can use professional detection equipment, such as wireless signal detectors, to scan the room for possible cameras. focus on checking places where cameras are likely to be installed, such as tvs, routers, sockets, smoke alarms, air conditioning outlets, etc. at the same time, the inspection results must also be recorded. if any suspicious circumstances are found, timely measures should be taken to deal with them and the relevant departments should be notified for further investigation.

thirdly, when guests check in, they are informed of the safety precautions of hotels and b&bs, including room inspections, preventing hidden camera shots, etc., and reminding guests to pay attention to protecting personal privacy during their stay.

finally, hotels and b&bs can also try to cooperate with relevant departments, such as public security agencies, tourism supervision departments, etc., to receive regular safety inspections and guidance, actively cooperate with the investigation work of relevant departments, and provide necessary assistance and support.