A Study on the Installation and administration of Closed Circuit Television System in Police Duties Enforcement Act

• Main Authors: Tin-chung Lu, 盧廷彰
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/10185839535742500971

碩士 === 東吳大學 === 法律學系 === 94 === People lived in this country demends the satisfaction of social order and public safety more stronger then ever. Besides the consciousness of helping each other is boming constantly in the communities everywhere in this island. So the government has established closed circuit television (CCTV) systems in the intersection of main avenues or roads in the urban cities, also in the places where criminal cases frequently occur or it is reasonably judged that criminal cases are likely to occur. Closed circuit television (CCTV) systems have been set up in public places or areas where the public has access as a tool to collect data. It has long been commonplace even before it was not regulated by statute. And now it becomes a best and useful tool to prevent or investigate crimes for the police . The main job of the constitutional country is to protect the human right of every citizens and keep away the interference,restriction and infringement from the goverment. The government sets up closed circuit television (CCTV) systems in the public places which may interfere with the basic human rights of citizens such as the freedom of movement, the right of portrait, the right of privacy and so on. Owing to the human right can be restricted by the statute law according to the principle of proportionality. The goverment shall adopt some necessary measures when it fulfill it’s duity to maintains social order or advances benefits to the public. If these measures interferes with the human right or freedom of people then they should be examined and regulated by the rule of law. In Taiwan, "Police Duties Enforcement Act" took in enforce on 1 of December 2003, but there has been less attention given to raising public awareness towards data protection. Since the police has been authorized to establish CCTV in the public places places where criminal cases frequently occur or it is reasonably judged that criminal cases are likely to occur for the reason of maintaining the social order and public safety by the article ten of the Act. When CCTV is set up by the police, it also collects the personal data which may interfere particularly with “right to informational self-determination”at same time. In the view of data protection, government collects and uses citizens’ personal data in the name of national security, public order, and social well-being. These actions once restrict or deprive civil liberties including freedom of privacy of correspondence, freedom of assembly; particularly, “right to informational self-determination” or information privacy derived form “right of personality" and human dignity should abide by the rule of law and the principle of proportionality. This thesis focuses on the legislations and practices on the installation of CCTV in public places in Police Duties Enforcement Act first. It examins the relationship between the police duties, police data processing and CCTV then. It also examines the related basic rights which have arisen by installation of CCTV in public places. Furthermore this thesis consists of six chapters and there is a deep analysis and explaination about the article ten of Police Duties Enforcement Act in the chapter five. Finally this thesis assembles the research statements from each chapter together and forms the conclusions which suggests the precious measures for further improvement in future.