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Did you know that CCTV footage can serve as key evidence in uncovering the truth of a case, but that simply watching it carelessly may instead expose you to legal liability? At Cheongchul Law Firm, we explain, based on Supreme Court precedents, the risks of violating the Personal Information Protection Act when viewing CCTV footage, as well as legal solutions for securely preserving evidence.

[Table of Contents]

1. Does CCTV footage count as 'personal information' under the Personal Information Protection Act?

2. Can you be punished just for watching it? Analysis of Supreme Court precedents

3. Legal risks that arise when collecting evidence in sexual offense cases and others

4. A solution for securing CCTV evidence safely before it is deleted

5. Cheongchul Law Firm's assistance: legal consultation guide

1. Does CCTV footage count as 'personal information' under the Personal Information Protection Act?

If footage captured by CCTV contains information that can identify a specific individual, it clearly qualifies as 'personal information' under the Personal Information Protection Act. This is because a person's face, physical characteristics, and location information in the footage all constitute information relating to a living individual. Accordingly, strict legal standards apply to the management and viewing of CCTV footage.

2. Can you be punished just for watching it? Analysis of Supreme Court precedents

Many people think it is fine as long as the footage is not transferred as a file or copied. However, according to Supreme Court precedents, simply 'watching' personal information in the form of video and thereby obtaining the information may also be regarded as having 'received' the personal information. In other words, regardless of whether you physically possess the file, viewing another person's CCTV footage without consent may itself constitute a violation of the Personal Information Protection Act, and this must be kept firmly in mind.

3. Legal risks that arise when collecting evidence in sexual offense cases and others

Especially in sexual offense cases, it is common to request that a hotel or lodging facility manager review CCTV footage in order to prove innocence. However, under the precedent mentioned above, merely watching footage that contains another person's image can unexpectedly lead to a legal dispute (an issue involving violation of the Personal Information Protection Act). Regardless of the urgency of securing evidence, a thorough consideration of legal risks must come first.

4. A solution for securing CCTV evidence safely before it is deleted

Commercial CCTV footage is usually deleted automatically within one week to one month. The proper procedure for securing evidence while minimizing legal risk is as follows.

• Request preservation: First ask the administrator or managing entity to separately retain (back up) the footage from the specific date and time.

• Use investigative authorities: It is most advisable to inform investigative authorities such as the police that the evidence exists and have them formally secure the footage through official power.

• Judgment in urgent situations: If there are pressing circumstances, such as being wrongly accused of a serious crime, you must carefully weigh the possibility of violating the law against the practical benefit of securing evidence.

Securing CCTV footage is an issue where early response is critical, but if approached incorrectly, it can lead to secondary legal trouble. Cheongchul Law Firm provides legal guidance so that clients can protect their rights and securely obtain favorable evidence. If you are struggling with the legal judgment involved in CCTV viewing or evidence preservation, please do not hesitate to contact Cheongchul Law Firm. A specialized attorney will provide practical solutions directly.

This post was written for the purpose of providing legal information, and legal judgments may vary depending on the specific facts of each case.