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any one of us can be a victim of something like this.

blogger "shadows don't lie" checks the camera installed in the air conditioning duct (video screenshot).

recently, a blogger posted a video saying that multiple secret cameras were found in several b&bs in xinhua district, shijiazhuang city, hebei province. according to the blogger’s video recording, the pinhole camera was installed on the air conditioning vent duct and wrapped in a white strap. there were two girls staying in the hotel room. after obtaining the consent of the girls, the two entered the hotel room and used the detection equipment in their hands to accurately find the pinhole camera. the blogger said in the video that during the filming process, he was surrounded, insulted and beaten by the b&b operator and others.

in response, on the evening of september 24, the xinhua branch of the shijiazhuang municipal public security bureau issued a police information report stating that all three suspects suspected of illegally using special equipment for eavesdropping and photograph stealing have been arrested and criminal coercive measures have been taken in accordance with the law. the three violators who disrupted public order were subject to public security penalties in accordance with the law.

b&b operators are to blame

the installation of pinhole cameras in hotels and b&bs has seriously violated the privacy rights of guests. victims can file civil lawsuits to demand that the responsible persons bear civil liability, including compensation for mental damages.

if the circumstances of the secretly photographed person are serious, it may even constitute a criminal offense, the crime of illegal use of special equipment for eavesdropping or photographing, or the crime of infringing on citizens' personal information. if the perpetrator photographs the private parts or private behaviors of the residents and disseminates the content for profit, it may also constitute the crime of producing, copying, publishing, selling, and disseminating obscene materials for profit, and he may face fixed-term imprisonment, criminal detention, or control waiting for criminal punishment.

but for b&b and hotel operators, do they need to bear legal responsibility if secret photography occurs in their business premises?

objectively speaking, there have been many incidents of cameras being found in b&bs and hotel rooms before. the main reason why this time it has attracted greater attention from the society is the response and handling of the b&bs afterwards. when a camera was discovered in the b&b, the b&b operator involved not only did not admit his mistake and apologize, but instead believed that the video publisher had affected his business. during this period, excessive behavior such as pushing and insulting occurred, which made people even more angry and triggered a ferment on the internet.

when a secret camera is discovered, even if the operator had no prior knowledge, can he evade all responsibility by saying "we are also victims"? according to the provisions of the civil code, operators and managers of hotels and other business premises shall bear tort liability if they fail to fulfill their safety guarantee obligations and cause damage to residents. even if the damage to a guest is caused by the behavior of a third party, the law stipulates that the third party shall bear tort liability; however, operators and managers who fail to fulfill their safety protection obligations still need to bear corresponding supplementary liability. therefore, the b&b operator failed to provide guests with a safe environment and conditions for their stay, and failed to do their best to eliminate potential safety hazards for the guests, and should also bear corresponding legal responsibilities in accordance with the law.

although the culprit is the candid photographer, b&b operators should try their best to eliminate safety hazards for consumers; creating a safe environment for guests to stay in is a legal obligation that b&b operators cannot shirk. when a secret filming incident occurs, the b&b operator should not only apologize to the guests immediately, but also actively call the police and cooperate with the police investigation; instead of trying every means to shirk responsibility and stay out of the incident.

for the hotel industry management department, relevant codes of conduct should also be formulated in a timely manner, requiring b&bs and hotels to regularly check candid camera equipment. after guests check out, they should conduct inspections of hidden corners such as sockets and air conditioners. in addition to sanitation and cleaning, they should also use infrared detection equipment, network equipment detection devices, etc. to inspect the room, detect installed hidden cameras as early as possible, and fulfill safety obligations to consumers. for b&bs and hotels that refuse to fulfill their responsibilities, the penalties for inaction can be reflected in their credit records and industry reputation, and directly linked to their reputation. only by making privacy protection an industry standard can b&bs and hotels be forced out of the misunderstanding of considering themselves “victims” and proactively assume their legal obligations to eliminate hidden dangers.

why are there repeated bans on cracking down on secretly filmed cameras?

although the law has strict provisions on candid photography from a civil, administrative and criminal perspective, it has long been difficult to control candid photography in b&bs and hotels. investigating the root cause, there are many reasons: first, equipment sales channels are wide, and sneak filming and recording equipment can be easily found on online platforms, making it very convenient to purchase; second, the responsibilities and authority of relevant departments have not been clarified. these equipment involving public interests should be supervised by who will take care of it? how should we manage it? there is still no clear division of these issues; third, there is a lack of effective pre-control measures, because the sneak-shooting equipment is relatively concealed, and offenders often use the strategy of "shooting and changing places", waiting until the guests find out that their privacy has been leaked , often they accidentally learn about it after the relevant videos are spread on the internet several months later. by the time they report the case to the public security organs, the relevant candid filming equipment may have been dismantled; fourth, the current punishment for candid filming is not enough to deter the illegal use of eavesdropping. there are very few actual cases of criminal penalties for the crime of stealing special equipment, and such cases are mostly handled as civil disputes or public security penalty cases. for criminals who take secret photos, they are often detained or fined at most, which does not have an effective legal deterrent effect on them.

moreover, in reality, we regret to see that almost every secret camera that surfaces is attributed to "resident discovery." this means that for a large number of residents who have not discovered the cameras, their every move is visible to criminals, and has even been circulated on the endless network, becoming "transparent people" in the eyes of many onlookers. compared with the countless candid filming incidents, the relevant management departments seem to be still in the passive stage of investigating and punishing the residents when they discover them. this is obviously far from the public's expectations.

at present, from the online sale of modified candid cameras, to the installation and information collection of candid cameras in b&bs and hotels, to the online sale of candid videos, a whole chain of black interests has been formed, which requires relevant law enforcement agencies to no longer simply the local government must passively "enforce the law", and the black profit chain of candid photography must be "heavily rectified" and "uprooted". after all, each of us may become a victim of such an incident.

(the author is the director of the anhui provincial social and legal committee of the china democratic national construction association and the director of beijing jingshi (hefei) law firm)