The Installment of CCTV Cameras Needs Due Consideration
by Residents
The National Human Rights Commission of Korea (NHRCK) viewed that installing CCTV cameras without prior resident surveys is in breach of due process and recommended Dongdaemun Police Station and Dongdaemun-gu (district) Office suspend the operation of CCTV cameras in three spots until the opinions of residents are collected, suggesting persons-in-charge take human rights training courses in order to prevent a recurrence.
Mr.P filed a complaint to the NHRCK in December 2008, claiming that the Dongdaemun Police Station did not conduct appropriate opinion gathering process and installed high-resolution CCTV cameras of 100m IR range, invading the privacy of many random people.
The Dongdaemun-gu Office responded that the CCTV cameras were installed to prevent crimes and ensure safe living environment. The Office said it carried out a survey and the results indicated that more than 70 percent of the residents agreed to the installation. In addition, the data collected through CCTV have never been used for any other purposes, and the CCTV cameras were operated complying with appropriate legal procedures by indicating its purpose, location, operating hours and name of the person in charge on the bulletin board.
Article 4(2) of the Act on the Protection of Personal Information Maintained by Public Institutions stipulates that CCTV cameras shall be installed after collecting opinions of experts and other stakeholders.
According to the investigation conducted by the NHRCK, however, the Dongdaemun-gu Office collected 50 surveys from the community where CCTV cameras were yet to be installed, excluding the communities with CCTV cameras already installed. Moreover, the surveys were conducted without providing sufficient explanation to help the respondents’ understanding.
Accordingly, the NHRCK recommended that the Dongdaemun Police Station and Dongdaemun-gu Office suspend the three CCTV cameras until the residents’ opinions are heard, deciding that the due process was not upheld.
The NHRCK partially rejected the complaint. It provides that although an installation of CCTV cameras could violate privacy and portrait rights of passersby, the installation intended to prevent crimes, and necessary measures have been taken in order to avoid the abuses. Therefore, the installation of CCTV cameras of Dongdaemun-gu is not deemed to give rise to the violation of portrait rights of residents and passersby.
