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After being exposed to live in school classrooms and dormitories, we recently broadcast the live from the media to the public places such as hotels, shopping malls, training institutions and other public places, and distribute relevant pictures and videos. From the picture and video, the customer is eating at a restaurant. Water is the company's Qihoo 360 broadcast a video broadcast live show platform. The 360 aspect responds, "for the live broadcast, the water droplet platform requires the merchants to set up the live broadcast prompt in the live broadcast area, so as to prompt the customers, and inform the owners who do not inform the users according to the requirements. We have the right to compel the request to stop the live broadcast. In addition, the 360 aspects also emphasized that they provided free sticker service for the merchants as early as the 2015 water drop live.
The right of privacy in modern sense is a natural right that a natural person enjoys private life and private information secret protected by law, not being harassed, known, collected, utilized and disclosed by others. For example, the features of their portraits do not want to be seen by others, do not want to appear on some occasions, and one day's life path does not want to be known.
However, the development and improper use of direct seeding technology is very easy to pose a threat to personal privacy. Previously, the water drop live broadcast was exposed to the live student classroom and dormitory, it said that the password will be set, only parents can see. Now, it is also worrying that it is more public meaning, such as direct live shopping malls and restaurants. The business will be directed to the consumer to live, an act of inadvertent, it may be "all the attention".
The camera is a businessman, and the right of privacy belongs to the consumers who are photographed. Whether the live broadcast is allowed or not can be counted by the owner of the camera, and it must also be approved by the photographers. Just a sticker, even if it was told? Even if the consumer is authorized by default? Obviously, the 360 aspects of the response are rather weak.
In addition, the customers in the hotel and the shopping mall are not only large in flow, but also at random. How can the merchants get their authorization one by one? How do they know what the "one pair N" live means? Since it is impossible to fully authorize, then, the violation of the right to privacy, in theory, is inevitable.
Perhaps, an isolated camera, not the disclosure of personal privacy, but with this live more and more, the formation of scale, illegal use of big data and face recognition technology, it may be a person in a certain period of life the whole trajectory sketched out, the consequences are very terrible. This is also the potential danger of this kind of live broadcast.
To prevent a tort, the most effective way is to increase its tort cost. However, although the general principles of civil law and tort liability law have relevant provisions on the infringement of the right to privacy of citizens, the provisions are relatively rough. In addition, the civil rights protection requires higher burden of proof for the plaintiff, such as how to calculate the loss caused by the infringement, and how much is the loss caused by the 10 seconds of the live camera live broadcast. The high cost of safeguarding rights, resulting in the fact that there are few cases of compensation for the infringement of privacy in reality.
The cost of relative rights is high, the cost of the law is very low, and it can even become a means of profit for the merchants. Although some businesses bear the blame, but can do to promote their products in violation of privacy, some profitable. The interest driven, become an important reason that the live platform invaded citizen's privacy.
In public places, it is not only responsible for the infringement of citizens' privacy, but also the direct seeding platform is also responsible for providing technical support and convenience for this kind of tort. Not long ago, the national network information office issued the "Internet information content management procedure of administrative law enforcement regulations", in the maintenance of high cost by means of civil privacy case, according to the general tort, centralized supervision and punishment by administrative means, may be a more effective way.