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Rules of Guangzhou Municipality on the Management of Camera Monitoring Systems for Public Security

2024-04-08 16:14
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  (Issued on March 1, 2007 in accordance with Decree No. 1 of the People’s Government of Guangzhou Municipality, amended for the first time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality, amended for the second time on February 13, 2018 in accordance with Decree No. 158 of the People’s Government of Guangzhou Municipality and amended for the third time on October 17, 2019 in accordance with Decree No. 167 of the People’s Government of Guangzhou Municipality)

  Chapter 1 General Provisions

  Article 1 In order to strengthen the management of camera monitoring systems for public security, improve urban emergency command and response and urban management capabilities and protect public security, these Rules are formulated in accordance with the Regulations of Guangdong Province on the Security Technology and Defense Management and on the basis of the actual conditions of this Municipality.

  Article 2 The term “camera monitoring system for public security” herein refers to a comprehensive system that uses technical equipment to collect, transmit, display and store video information in the places or areas involving public security.

  Article 3 These Rules shall apply to the planning, construction, use, maintenance and management of camera monitoring systems for public security within the administrative area of this Municipality.

  Article 4 The construction and management of camera monitoring systems for public security shall be based on unified plans, unified standards, classified investment, overall construction and local management.

  Article 5 The municipal public security organ is responsible for the management, supervision and guidance of the camera monitoring systems for public security in this Municipality, and the district public security organ is responsible for the specific management of the camera monitoring systems for public security within its jurisdiction.

  The municipal information technology authority is responsible for the overall planning, comprehensive coordination and resources integration and sharing of the camera monitoring systems for public security of this Municipality.

  The authorities in charge of planning, construction, forestry and landscaping, land, housing, market regulation, transportation, urban management, emergency management, water affairs, etc. shall be responsible for the construction and management of camera monitoring systems for public security ex officio.

  Chapter II Planning and Construction

  Article 6 Camera monitoring systems for public security shall be constructed in the following places or areas involving public security:

  (1) Production, storage or business places of weapons, ammunition, inflammable, explosive, highly toxic, radioactive materials and precursor chemicals;

  (2) Important parts of airports, ports, railway stations, terminals, parking lots, passenger and freight stations and hub bus stations;

  (3) Important parts of important transportation facilities, such as expressways, urban expressways, urban trunk lines, major intersections in the central areas, urban entrances and exits, the main waterway of the Pearl River within the jurisdiction, pedestrian bridges, large bridges and tunnels;

  (4) Important parts of the entrances and exits of stations of metro lines, platform passages, passenger trains, underground shopping malls, etc., and important parts of large public transportation vehicles, such as buses, trams and passenger ships;

  (5) Important parts and entrances and exits of Party and government offices at all levels;

  (6) National key scientific research institutions and archival rooms/repositories for important archives;

  (7) Museums, memorial halls, exhibition halls and other places where display and store important cultural treasures, materials and valuables, important parts of cultural relics and historic sites at all levels, and  modern buildings under protection;

  (8) Vaults, places for the manufacture or centralized storage of currencies, negotiable securities and bills, vehicles for escorting bills and currencies, business places of financial institutions, and places for the operation and storage of financial information;

  (9) Vital parts or places in the fields of radio, television, newspapers, telecommunications, postal services, public information networks, water supply, power supply, gas supply, sewage treatment, etc.;

  (10) Important parts of the places for public events and gatherings, such as parks, conference centers, stadiums, hospitals, schools, residential areas, commercial streets and large farmers markets, as well as lobby entrances and exits, elevators and other main passages of hotels (guesthouses), restaurants, public entertainment venues and office buildings;

  (11) Important parts of urban construction facilities, such as construction sites, important urban landscapes, emergency evacuation sites and large underground spaces;

  (12) River embankments, reservoirs, artificial lakes, key flood control and drainage areas and other important water conservancy facilities;

  (13) Other places or areas where camera monitoring systems are required.

  It is prohibited to install camera monitoring systems or facilities and equipment in the places or areas involving the privacy of citizens, such as toilets, bathrooms, changing rooms, hotel (guesthouse) rooms and dormitories for employees and students.

  Where camera monitoring systems for public security are installed in such financial institutions as banks, insurance companies and securities companies, customer passwords shall not be collected from or stored by such camera monitoring systems.

  Article 7 The owners, managers and operators of the places and areas specified in Article 6 herein shall construct camera monitoring systems for public security according to the unified plans and the unified technical specifications within their scope of responsibilities. They may define the construction and management responsibilities for the camera monitoring systems for public security by means of agreements.

  Where a camera monitoring system for public security shall be constructed in accordance with these Rules but has not yet been constructed, its construction shall be based on the existing buildings or pipelines.

  The municipal informatization technology authority shall, in conjunction with the relevant authorities, prepare a construction plan for camera monitoring systems for public security, and formulate relevant technical specifications.

  Article 8 Where a place or area specified in Article 6 herein falls within the management scope of the Regulations of Guangdong Province on the Security Technology and Defense Management, its camera monitoring system project shall be reported to the public security organ for program review, system testing and completion acceptance check in accordance with the prescribed procedures.

  Article 9 A camera monitoring system for public security project funded by the municipal/district government shall be handled in accordance with the planning, review, bidding and acceptance procedures for informatization projects at the same level.

  Article 10 When a place or area specified in Article 6 herein is to be newly built, rebuilt or expanded, the supporting camera monitoring system for public security shall be designed, constructed and accepted for use simultaneously with the main works. The construction project shall not be put into use if the camera monitoring system for public security has not undergone or passed the acceptance check.

  Where the construction of an outdoor camera monitoring system for public security involves the design and construction of ancillary structures of the building, it shall meet the requirements of urban-rural planning.

  The urban-rural planning authority shall put forward the planning and design requirements on camera monitoring systems for public security when conducting the planning reviews of the construction projects for which the relevant camera monitoring systems shall be built in accordance with Article 6 herein.

  Article 11 The construction of camera monitoring systems involving national security and secrets shall be implemented in accordance with relevant national regulations.

  Article 12 In the fixed places where camera monitoring systems for public security are installed, obvious signs shall be set in the monitoring areas.

  Article 13 The entities responsible for the design, construction or maintenance of camera monitoring systems for public security shall have the corresponding qualifications stipulated by laws and regulations.

  Chapter III Application and Management

  Article 14 Camera monitoring systems for public security shall be managed by security level, and connected to the public security, urban management and emergency command systems by level and permission or equipped with interfaces for interconnection with the public security, urban management and emergency command systems.

  The setting of levels and permissions shall be carried out separately by the municipal public security organ in conjunction with the municipal competent department of informatization and the national security organ.

  Article 15 It is prohibited to steal or damage the facilities and equipment of the camera monitoring systems for public security, or deliberately set up obstacles to affect the normal operation of the camera monitoring systems for public security.

  Article 16 The entity that constructs, manages or uses a camera monitoring system for public security and its staff shall strictly manage the image information collected by the camera monitoring system for public security, view, copy and use the information in accordance with the relevant laws and procedures, and shall not delete, modify or destroy the original data records of video information, or disseminate or copy them at will, or check or use them for personal or commercial purposes.

  The entity that uses a camera monitoring system for public security shall regularly collect, enter and update the basic data of the system.

  Article 17 Public security organs shall regularly conduct supervision and inspection of camera monitoring systems for public security, which shall not be refused or interfered by any entity or individual.

  Article 18 Public security organs and national security organs may retrieve, copy or view image information from camera monitoring systems for public security for free due to the needs of law enforcement work, and may temporarily take over the control of camera monitoring systems when necessary.

  In the event of natural disasters, accident disasters, public health incidents or other public security events, other relevant government sectors may retrieve, copy or view image information from camera monitoring systems for public security free of charge.

  Where the adjustment or transformation of a camera monitoring system for public security due to law enforcement causes losses or additional expenses to the entity that constructs, manages or uses a camera monitoring system for public security, the relevant authorities shall make corresponding compensations.

  Article 19 When administrative law enforcement personnel need to retrieve, view or copy image information and related data from a camera monitoring system in accordance with the provisions of Article 18 herein, they shall present a letter of introduction from the law enforcement organ and their law enforcement certificates. Where they fail to do so, the entity that constructs, manages or uses the camera monitoring system for public security has the right to refuse.

  Article 20 The entity that constructs, manages or uses a camera monitoring system for public security shall establish system for on-duty monitoring, data management, security management and maintenance in accordance with relevant regulations, and assign a corresponding number of full-time personnel for monitoring and management based on the scope and significance of the monitoring areas, so as to ensure the normal operation of the camera monitoring system.

  Article 21The entity that constructs, manages or uses a camera monitoring system for public security with a camera monitoring room shall assign personnel for real-time monitoring, register the recording, use and whereabouts of video information, and report to the public security organ upon detecting any suspicious circumstance.

  The valid storage period of video information shall not be less than 30 days, unless otherwise stipulated by laws, regulations, rules or administrative normative documents.

  Article 22 The entity that constructs, manages or uses a camera monitoring system for public security shall regularly check the operation of the front-end equipment, signal transmission and network transmission lines and storage equipment of the video system to ensure the effective operation of the video system, and shall not change the location and purpose of facilities and equipment of the video system without authorization.

  Article 23 The monitoring and management personnel of camera monitoring systems for public security shall be trained.

  The training shall be organized by the municipal public security organ.

  Chapter IV Legal Liability

  Article 24 Those who violate Paragraph 1 of Article 6 herein by failing to construct the camera monitoring systems for public security that shall be constructed or failing to construct the systems in accordance with the relevant standards and specifications shall be ordered by the public security organs to make corrections within a time limit, and warnings shall be given; a fine of less than RMB 1,000 shall be imposed on the entity, and a fine of less than RMB 500 shall be imposed on the directly responsible supervisor and other directly responsible personnel. Where the violation falls within the scope of the Regulations of Guangdong Province on the Safety Technology and Prevention Management, punishments shall be given by the public security organs in accordance with the provisions of Article 28 of the Regulations of Guangdong Province on the Safety Technology and Prevention Management.

  Those who violate Paragraph 2 of Article 6 herein by installing camera monitoring systems or facilities or equipment in the places or areas involving citizens’ privacy shall be ordered by the public security organs to make corrections within a time limit; those who peep, secretly photograph, eavesdrop on or spread the privacy of others shall be punished by the public security organs in accordance with the provisions of Article 42 of the Law of the People's Republic of China on Penalties for Administration of Public Security .

  Article 25 Those who violate Article 8 and Paragraph 1 of Article 10 herein by putting into use the camera monitoring systems for public security whose construction plans have not been approved or which have not passed acceptance checks shall be punished by the public security organs in accordance with Article 31 of the Regulations of Guangdong Province on the Safety Technology and Prevention Management.

  Article 26 Those who violate Paragraph 1 of Article 13 herein by undertaking the design, construction and maintenance of camera monitoring systems for public security without the corresponding qualifications shall be punished by the public security organs in accordance with Article 32 of the Regulations of Guangdong Province on the Management of Safety Technology and Prevention Management.

  Article 27 Those who violate Article 15 herein by stealing or damaging the facilities and equipment of the camera monitoring systems for public security, or setting up obstacles deliberately to affect the normal operation of the camera monitoring systems for public security shall be punished by the public security organs in accordance with Article 33 of the Regulations of Guangdong Province on the Safety Technology and Prevention Management.

  Article 28 Those who violate Article 16, Article 21 and Article 22 herein by committing any of the following acts shall be punished by the public security organs in accordance with Article 33 of the Regulations of Guangdong Province on the Safety Technology and Prevention Management:

  (1) Fail to record and store video information as required;

  (2) Change the location and purpose of the equipment and facilities of video systems without authorization;

  (3) Delete or destroy the original data records of videos;

  (4) Copy, provide and disseminate video information without authorization.

  Article 29 Where an authority or its staff member fails to perform or improperly performs its/his/her duties in the construction and management of a camera monitoring system for public security, its/his/her administrative responsibilities shall be investigated for in accordance with the management power and the prescribed procedures; criminal responsibilities shall be investigated for according to law if a crime has been constituted.

  Chapter V Supplementary Provisions

  Article 30 These Rules shall come into force on May 1, 2007.