On February 10, 2025, the State Council of China issued the Regulations on the Management of Public Safety Video Image Information Systems (Regulations). Effective from April 1, 2025, the Regulations aim to standardize the regulation of public safety video systems, maintain public safety, and protect personal privacy and personal information rights
Public security video surveillance must be necessary for maintaining public security and can only be installed by specific entities, as detailed in the following table:
The installation of video surveillance in public places that may infringe upon personal privacy is prohibited, including:
C. Warning Signs
To protect personal privacy and personal information rights, the Regulations require reasonable determination of the installation location, angle, and acquisition range of the cameras, and the setting of prominent warning signs.
D. Storage Period
The Regulations require that video surveillance be retained for no less than 30 days. After 30 days, video surveillance that has achieved its processing purpose should be deleted, unless otherwise stipulated by laws and administrative regulations.
E. Usage Restrictions
The Regulations stipulate the protection of personal information and privacy when using video surveillance, prohibiting abuse and leakage. Otherwise, penalties will be imposed according to the Personal Information Protection Law and other laws. Those who constitute a crime shall be held criminally liable according to the law.
F. Security Measures
The Regulations require the prevention of abuse and leakage of video surveillance through various security measures such as personnel training, access control, and information retrieval registration systems.
Unlike China, EU and the US generally do not require video surveillance in public places except for some specific locations. Similar to China, both EU and US prohibit video surveillance in locations where personal privacy may be infringed. In general, China's regulatory burden in this regard falls somewhere between the EU and the US.
i. European Union
As early as 2020, the European Data Protection Board issued the Guidelines 3/2019 on Processing Personal Data through Video Devices, based on the General Data Protection Regulation. The guidelines aim to ensure high standards of personal data protection in video surveillance scenarios and are not limited to public places. Some key points are as follows:
Compared to the EU, the US has more lenient legislation on personal data protection. Neither at the federal level nor at the state level are there specific regulations on video surveillance in public places. Federal privacy laws generally dictate that security cameras, whether visible or hidden, should not be placed in areas where individuals have a reasonable expectation of privacy. Additionally, warning signs are not mandatory unless in special scenarios, such as in firearm purchase locations in California.
III. Balancing Public Security and Privacy Protection
Globally, video surveillance has become an essential component of public spaces, from bustling city streets and busy transportation hubs to quiet rural markets and educational institutions. It is now a ubiquitous presence in nearly every corner of society.
Through the implementation of the Regulations, China has underscored its commitment to safeguarding personal privacy and personal information rights while upholding public security. This approach reflects a delicate balance between the two critical interests, aligning with the global trend of strengthening privacy protection.