Question from a reader:
Is it okay to publish the face of an unknown woman who was peeking into my house, targeting the blind spots of my security camera? I want to know what her intentions were and what kind of person she is. I plan to use a screenshot from the security camera footage, but since I can’t edit it,
her face will be shown as it is. Could this be considered defamation?

The Legal Risks of Publishing Home Security Camera Footage

Recently, I received an inquiry about wanting to publish the face of a suspicious woman captured by a home security camera. It’s natural to be curious about what she was thinking and what kind of person she is, right? However, despite those feelings, it’s important to remember that from a legal standpoint, there are risks associated with publishing such footage.

Security Camera Footage and Privacy

First, let’s look at how security camera footage should be handled. In Japan, individual privacy is protected by law. Specifically, this is known as the “right to privacy.” Based on this right, the unauthorized publication of someone else’s face or actions could potentially fall under defamation or invasion of privacy. For example, I know someone who installed a security camera after suspicious individuals were reported in the neighborhood to monitor the area around his home. One day, an unknown elderly woman appeared in the footage. He thought about posting that footage on social media for fun, but a friend warned him, “That could be defamation,” and he decided against it.

The Difference Between Defamation and Invasion of Privacy

Defamation refers to actions that harm another person’s reputation. Specifically, it involves spreading false information or making statements that could damage someone’s reputation. On the other hand, invasion of privacy involves disclosing personal information or private life without the individual’s consent. Publishing security camera footage is likely to be considered an invasion of privacy unless the individual consents. If that woman did not want her face to be seen, publishing that footage would infringe upon her right to privacy. This could lead to the risk of a lawsuit.

Specific Legal Applications

Legally, one should be cautious about publishing footage based on the “Personal Information Protection Act” and “right to privacy.” If that woman were to sue you, she could seek damages. Particularly if she were placed in a socially disadvantageous situation, the consequences could be severe. I personally know someone who had their personal information published without consent on social media, resulting in the other party suing for “defamation.” Although they eventually reached a settlement, the emotional damage was significant, and it reinforced the importance of not taking legal matters lightly.

Things to Consider Before Publishing

If you are considering publishing that footage, there are several important points to take into account. 1. Purpose: What is the purpose of publishing that footage? If it’s merely out of curiosity, it may not be worth the risk. 2. Content of the Footage: Check whether anyone else appears in the footage or if there is any personal information in the background. 3. Seek Opinions: Consulting friends or legal experts may help you make a more rational decision. 4. Anonymization: Although you mentioned you can’t edit the footage, consider if there’s a way to obscure her face, such as applying a mosaic effect.

Conclusion

Publishing someone else’s face without consent carries serious legal risks. Especially from the perspectives of privacy rights and defamation, such actions can be very dangerous. We should absolutely avoid letting our curiosity inconvenience others or lead to legal troubles. I hope the person who inquired can remain calm and make a rational decision. They may have an interest in that woman for some reason, but respecting her privacy is of utmost importance. Ultimately, it is necessary to consider one’s own risks and act in accordance with the law. I strongly recommend consulting a legal expert regarding this issue. Everyone should ensure they do not engage in irresponsible behavior.