All about Hidden Cameras and CCTV Surveillance Laws in India

 All about Hidden Cameras and CCTV Surveillance Laws in India

By Shweta Nair

CCTV- Close Circuit Television Surveillance as we all know is usually set up in public areas for safety purposes. Such CCTV Cameras help the Law Enforcement Agencies to effectively identify a criminal and also it deters a person to commit a crime owing to the fear of being caught. Besides, it also alerts the police about any suspicious activity. It is regarded as a kind of Situational Crime Prevention Strategy which results in increased surveillance in targeted places.

Although we do agree that CCTV Cameras have played a huge role in prevention of crime yet, one factor which is causing concern these days is the easy availability and usage of such cameras. Earlier, CCTV Cameras were only available for Law Enforcement Agencies and for other formal official purposes to government agencies. But now, it is increasingly available for use even for the common public which is why we can see several people fixing such cameras in their shops or even in their own residence. Not only easy availability but also easy installment makes it really simple and effortless to set it up by anyone anywhere. 

This brings us to the core question of whether such CCTV Cameras are going beyond the use of security surveillance to infringing right to privacy of individuals? Well, this is what is happening considerably to a huge extent these days. Some of the places where every individual has certain expectations regarding his privacy include public washrooms, trial or changing rooms, hotel rooms, location of residence, telephone booths etc. However, sadly, even in these places, people are fitting hidden cameras and recording footage without the consent of another person thus violating privacy rights. Recently, such an offence has come to light in the garb of voyeurism and pornography where hidden spy cameras are fixed in the hotel rooms of honeymoon couples or fixed in the washrooms or trial rooms of women from where the footage recorded is uploaded to pornography websites. Even celebrities and high-profile people fall victim to it thus diminishing their reputation. 

India being a developing country still does not have any Privacy Laws or Laws governing installation, application or usage of CCTV Surveillance. The Information Technology Act of 2000 is the main act that covers digital technology and electronic surveillance. Section 66E of the Act provides punishment to a person for capturing images or videotaping or filming or recording, without their consent, a person’s (male or female) private parts and then transmitting it. However, it’s a bailable offence with imprisonment up to 3 years and fine of Rs. 2 Lakhs. In Addition, investigation is also improper since there are no proper guidelines making it ineffective. Section 67 punishes the owner of CCTV if obscene information is captured and if such an information is sexually explicit then the person will be booked under section 67A which is a non-bailable offence leading to 5 years imprisonment and fine of Rs. 10 Lakhs. Section 72 also punishes a person for disclosure of information which has been prohibited but it applies to those who have been consented to retrieve data under the power of this act. Even 2011 IT Act Rules provide rules regarding collection, disclosure and transfer of information but prior consent of it has been made compulsory. 

Its important to understand that CCTV Cameras are very much essential indeed for surveillance purposes but the gross misuse of it needs to be looked into as it is an extremely serious breach of privacy and requires proper legislation to deal with it so that such misuse of it can be prevented. Presently there is no specific legislation pertaining to protection from such misuse and violation of right to privacy, nevertheless Privacy Bill which is due for passing by the parliament would definitely contain a provision regarding CCTV Surveillance and therefore it will help in controlling such offences. Therefore, it is a crucial necessity for laws to be amended in IT Act along with clear guidelines on proper installment and usage of CCTV Cameras for the good of citizens including preventing the use of it in sensitive private places with strict penalty for doing so.