Is it against the law to install a camera in front of the house facing the street?
Many families now install security cameras in front of their gates or on the walls of their houses to monitor for theft and manage their property. However, these cameras are often pointed towards the street and may record images of passersby. I would like to ask whether the installation of cameras facing the street by residents violates the law or infringes on the privacy of others? This is a concern raised by Ms. Tran Thi P. (Cua Lo Ward, Nghe An Province).
Reply:Current laws do not prohibit people from installing security cameras in their homes to protect property, prevent theft, or for family monitoring purposes. In fact, many families install cameras in front of their gates or houses, and it is quite common for these devices to record a portion of the traffic area in front of the house.
However, the installation and use of cameras must ensure that they do not infringe upon the legitimate rights and interests of others.
According to Article 32 of the 2015 Civil Code, individuals have the right to their own image; the use of an individual's image must be with their consent, except in cases for the national interest, public interest, or as prescribed by law.
Furthermore, Article 38 of the 2015 Civil Code stipulates that the private life, personal secrets, and family secrets of individuals are inviolable and protected by law.
Furthermore, according to Clause 1, Article 2 of Decree 13/2023/ND-CP on the protection of personal data, personal data is information in the form of symbols, writing, numbers, images, sounds, etc., associated with a specific individual. Therefore, images recorded from cameras can also be considered personal data, and their collection and use must ensure that they are for the correct purpose and do not infringe upon the legitimate rights and interests of others.
From the above regulations, it can be seen that people are allowed to install cameras in front of their houses to monitor their family's property or the common area in front of their house. However, it is necessary to avoid intentionally pointing the camera at the private living areas of others such as windows, yards, or inside the house.
In cases where images captured by cameras are used to post on social media, disseminated, or used to infringe upon the honor and dignity of others, depending on the nature and severity of the violation, administrative penalties may be imposed as stipulated in Decree 15/2020/ND-CP on penalties for violations in the fields of postal services, telecommunications, and information technology, or compensation for damages may be required under civil law.
Therefore, when installing security cameras, people should arrange the equipment appropriately, primarily monitoring the area in front of their house or family property, while limiting recording into the private spaces of others to avoid disputes or legal violations.
