Privacy is a fundamental right granted to citizens by the constitution, and Article 315-1 of the Criminal Code also stipulates: "A person who commits any of the following acts shall be sentenced to imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan: 1. Using tools or equipment without cause to peep at, eaveson, or record someone’s private activities, conversations, or body parts that are not public. 2. Without cause, recording someone's private activities, conversations, or body parts that are not public by means of audio recording, photography, video recording, or electromagnetic records." So, how can one install surveillance cameras to ensure the safety of their surroundings without violating others' privacy rights or breaking laws related to secrecy? And how can one protect their own privacy if a neighbor's surveillance camera is pointed directly at their front door?

How to Determine the Scope of Privacy Rights? - Reasonable Expectation of Privacy

Let's consider this: when you are in the stairwell of your community or walking on the street, would you psychologically hope or know that someone is watching you? In practice, it's believed that being in a public space does not mean there is no reasonable expectation of privacy. Whether there is a reasonable expectation of protection of privacy rights should not be determined solely based on the public nature of the space one is in. This should not be the absolute standard for deciding whether an individual's privacy rights should be constitutionally protected. Even when in a public area, individuals still have a reasonable expectation of privacy, ensuring that their movements or activities are not illegally monitored or recorded using technological devices.

【Case Background】

Mr. De, a resident on the 6th floor of a certain Huaxia building in Taipei, has been troubled by his neighbor, Mr. Yi, who also lives on the same floor. Mr. Yi has long been setting up private surveillance cameras and sensors in the shared staircase on the 6th floor. Mr. De wonders why the stairwell, which should be a common space for all residents of the building to decide upon its use, is being unilaterally altered by Mr. Yi without the consent of all the residents. After consulting with and being advised by our firm’s attorneys, Mr. De decided to appoint our attorneys to file a civil lawsuit against Mr. Yi for the removal of these infringements.

【Court Decision: Victory for the Plaintiff】

In this case, the shared staircase on the 6th floor is legally considered a common area for all residents to use, as defined under Article 3, Paragraph 4 of the Apartment Building Management Regulations. The issue of whether an individual resident can install surveillance cameras and sensors in this common area involves the question of 'how the common areas should be managed and used.'According to Article 820, Paragraph 1 of the Civil Code, unless there is an agreement among the residents (such as a set of regulations), the installation of such devices fundamentally requires the consent of a majority of all residents. Through verification with Mr. De and other residents of the Huaxia building, it was confirmed that there had never been any agreement or resolution allowing an individual resident to install surveillance cameras in the shared stairwell.

Therefore, our firm's attorneys argued in the lawsuit that Mr. Yi's unilateral installation of surveillance cameras and sensors in the shared stairwell (a common area) on the 6th floor, without the consent of the majority of the Huaxia building's residents, infringed upon the other residents' rights to manage and use the common area. Consequently, based on Articles 821、and 767, Paragraph 1 of the Civil Code, the court was requested to order Mr. Yi to remove the surveillance cameras and sensors he had installed.

Reference：Taiwan High Court Judgment No. 651 of 106th Year, Judicial Yuan Interpretation No. 603、Supreme Court Criminal Judgment No. 3788 of 106th Year

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