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the property manager believed that the owner was a "thorn in the side" and blocked the road to intimidate and install pinhole cameras to monitor the owner.

2024-09-28

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"because i often complained to the relevant departments about property issues in my community and defended my rights, i was regarded as a 'thorn' by the property management. the property manager found people to surround and threaten me. what was even more outrageous was that they used smoke detectors to disguise needles in the corridor in front of my house. there are cameras monitoring my every move." mr. wang (pseudonym), who lives in kaide fengshang community, chengdu city, sichuan province, said that after he called the police, the police detained the five people involved.

blocking the road: i made multiple complaints about the property and was blocked by three strange men who verbally threatened me.

"i bought a house in kaide fengshang community seven or eight years ago, and i just moved here in the past two years. our community is relatively large, with tens of thousands of people living there," said mr. wang.

after moving into the community, mr. wang discovered that there were various problems with the property in the community, so he complained to the relevant departments. "problems such as the fire protection facilities are not up to standard, the property management company has not disclosed public benefits, and we have all kinds of obstructions from the property management committee when we organize the property owners committee, etc." mr. wang said bluntly, "the property management company thinks i am a 'thorn', but other owners think i am doing it for them. everyone speaks up to protect their rights.”

"on september 21, my wife and i, with our daughter under 6 years old and our mother over 60 years old, had just walked about 100 meters out of the community when we were suddenly blocked by three strangers. the other person warned me not to cause trouble. the government is causing trouble." mr. wang said, "i filmed them with my mobile phone. they snatched the mobile phone and there was a dispute. they also told me to pay attention and sent my family away. go home and call the local police station immediately.”

surveillance: the smoke detector in the corridor turned out to be a pinhole camera

as for the identities of these three people, mr. wang initially suspected that they were the ones approached by the property management company, but there was no evidence. "after calling the police, i went to do other things. when i went home that night, i accidentally discovered that a smoke detector was installed above the corridor in front of my home. i thought it was strange. i don't know when this smoke detector was installed. because i was more sensitive during the day, i found the smoke detector in the corridor at the door of my house was strange. i ran to other floors, and there was no smoke detector in the same location. the more mr. wang thought about it, the more strange he became, and finally he found that there was no smoke detector in the doorway of his house. the smoke detector is more like a hidden pinhole camera.

"the hairs on my hair stood on end at that time. why was a pinhole camera installed at the door of my house? who was monitoring me? could it be that the three people who blocked me outside the community in the morning relied on this pinhole camera to know my whereabouts?" mr. wang thought more and more. the more scared he got, the more he called the police again.

mr. wang said that the smoke detector installed at his door is actually a pinhole camera.

when the police arrived at the scene that night, they removed the smoke detector. it was finally confirmed that the so-called smoke detector was just a disguise, and was actually a pinhole camera facing the door of mr. wang's house.

when the police arrived at the scene that night, they dismantled the smoke detector.

detention: the property manager found someone to threaten, and a total of 5 people were administratively detained by the police

after investigation by the local police, the three strange men who surrounded mr. wang's family were indeed connected to the property manager of the project department of chengdu heda lianxing property company of capitafengshang community. the police detained the three men, chen, the property manager of the community, and li from the property order maintenance department of the community for 9 to 5 days.

according to police investigation, on september 20, property manager chen called he, a colleague of the bazhong branch of chengdu heda lianxing property company, and asked he to bring two people to chengdu to help threaten mr. wang, the owner of the community. he then contacted the other two people. after the three came to chengdu, in a hotel near kaide fashion community, the property manager chen and li from the property order maintenance department handed mr. wang's photo to he and the other three people, and asked about the implementation communicate details.

on september 21, he and three others took photos outside the community to confirm mr. wang's identity, and then stopped him and threatened him. after being filmed by mr. wang's mobile phone, they tried to snatch the mobile phone but failed and fled the scene.

regarding the installation of cameras, the police told mr. wang that manager chen explained that there were suspicious people on this floor, so the engineering department installed the cameras. "i refuted it at the time. this explanation was too ridiculous." mr. wang said, "the police also thought it was sophistry and will deal with manager chen's behavior emphatically."

in the end, the police detained chen for 9 days, li for 7 days, he for 7 days, and the remaining two for five days.

response: the property manager threatened the owner with detention, and the person in charge of the property company said it was a personal act

on september 27, chinese business daily dafeng news contacted the relevant person in charge of chengdu heda lianxing property company. "we have been looking for him to communicate and really want to communicate with him, but mr. wang refuses to communicate with us." the person in charge said that he did not know why mr. wang.

in response to the behavior of chen, the property manager of the community, the person in charge said: "we only learned about chen's matter today, and the police station notified the company to learn about the situation. this matter has nothing to do with the company. we have been proactively and sincerely inviting the owner, mr. wang, to communicate, but he refuses to communicate.”

the person in charge said that chen, the property manager of capitafengshang community, and li from the order maintenance department, through he from the local branch, found people to surround and intimidate mr. wang, the owner, and installed a pinhole camera outside his home. this was a personal act and had nothing to do with the company. .

lawyer: surveillance is invading the privacy of homeowners. if surveillance content is disseminated wantonly, it may be a crime.

zhao liangshan, senior partner of shaanxi hengda law firm and a well-known public interest lawyer, believes: it is not impossible to install cameras in public places, but when installing cameras in public places, you need to report to the police station. if the installation is in a private business place, personal home, etc., and does not involve other people's privacy, there is no need to register with the police station. what is strange about this incident is that the property management company chose to install a pinhole camera in a hidden place. although it was installed in a public area, the camera was facing the owner's door, which was suspected of infringing on the owner's privacy. if the property is for the safety of the owner, surveillance can be installed in the open and must not face the owner's door.

zhao liangshan said that the camera installed on the property is undoubtedly facing the owner's door, which will inevitably monitor the owner's private activities and violate the owner's right to privacy. according to article 1032 of the civil code, natural persons enjoy the right to privacy. no organization or individual may infringe on the privacy rights of others through spying, intrusion, leakage, disclosure, etc. privacy refers to a natural person's private life peace and private space, private activities, and private information that he does not want others to know. as well as the relevant provisions of article 1033 of the civil code, the property owner must bear the civil liability to stop the infringement and compensate for the losses.

zhao liangshan pointed out that if the circumstances are serious, the property may be suspected of infringing on citizens' personal information. according to the "interpretations of the supreme people's court and the supreme people's procuratorate on several issues concerning the application of laws in handling criminal cases of infringement of citizens' personal information", the so-called "serious circumstances" refer to : (1) selling or providing whereabouts information and using it by others to commit crimes; (2) knowing or should know that others are using citizens’ personal information to commit crimes, and selling or providing it to them; (3) illegally obtaining, selling or providing whereabouts more than 50 pieces of trajectory information, communication content, credit information, and property information; (4) illegally obtaining, selling, or providing accommodation information, communication records, health and physiological information, transaction information, and other other items that may affect personal and property safety of individual citizens. more than 500 pieces of information; (5) illegally obtaining, selling or providing more than 5,000 pieces of personal information of citizens other than those specified in items 3 and 4; (6) the quantity does not meet the standards stipulated in items 3 to 5 , but the total amount reaches the relevant quantitative standards in proportion; (7) the illegal income is more than 5,000 yuan; (8) selling or providing to others the personal information of citizens obtained in the process of performing duties or providing services, the quantity or amount reaches more than half of the standards specified in items 3 to 7; (9) having been criminally punished for infringing on citizens’ personal information or receiving administrative penalties within two years, and illegally obtaining, selling or providing citizens’ personal information; (10) other serious circumstances situation.

zhao liangshan said that this incident was a wake-up call for property owners. when installing cameras, they must not infringe on the owner's privacy rights in the name of protecting the owner's safety. surveillance in public places is a tool to create security, and should not be a tool to infringe on personal information. protecting personal information in the “camera era” is particularly important. regardless of the units, network platforms or regulatory authorities that control surveillance videos, they should firmly establish awareness of personal information protection, firmly guard the bottom line of security, and resolutely put an end to "black surveillance".

chinese business daily dafeng news reporter xie tao editor dong lin