In a shocking incident, a woman in China was aggrieved to find that she was secretly recorded while she underwent a breast augmentation surgery. The video showed her unconscious under the influence of anesthesia. This video was found circulating on Douyin, China’s TikTok, five months after the surgery. It has gathered over 39,000 shares. Similar videos of other women were also found on Douyin, showing that such breach of privacy is systematic. The woman, identified only by her surname Gao, underwent the breast enlargement procedure at a hospital in Henan province, central China, in January. This hospital specialised in cosmetic procedures.
As reported by South China Morning Post, Gao said that the video has severely violated her privacy as she is clearly identifiable in it. She reportedly contacted the hospital a number of times to demand the identity of the culprit who recorded her, but the hospital has so far avoided any responsibility. Gao has also asked the hospital to make a public apology and pay her compensation.
The hospital has refused to apologise for the incident and claimed that the video was taken and posted by an “external” party. The culprit could not be traced via CCTV footage as the hospital deleted all logs of CCTV after three months. This made the investigation into tracing the culprit even more difficult. However, the hospital offered to coordinate with social media platforms to remove the said video if it appears again.
Gao believes that the hospital is trying to protect the culprit. She argued that an operation theatre is a highly private setting where the entry and exit of staff and patients is monitored. A random person cannot record a video from such proximity if he or she does not have the authorisation. After all, in the videos, the doctors and nurses are clearly seen.
The hospital representatives insisted that the person who recorded the video has since left the hospital and they have removed all of the contact information. This response has failed to convince Gao and others. As per SCMP, such a response from the hospital can set a precedent where hospitals and other institutions can escape responsibility by blaming former employees.
Gao has now decided to sue the hospital for infringement of privacy rights and image rights. Ma Bin, a lawyer from Tianxin Law Firm in Henan, told Shanghai Morning Post that even if the video was made and circulated by an external individual or ex-employee, the hospital still remains responsible.
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