Yes, basically, in India it’s totally fine to set up surveillance cameras aka CCTV at home. But keep in mind though, it is important to take care that the cameras do not violate the privacy of neighbors or people on public roads. The law of India, mainly the IPC Section 354C, mentions that recording someone’s personal activities without their consent can lead to voyeurism charges. The punishment for such an act can be to be imprisoned for a period ranging from one to three years for the first offense and up to seven years for a repeat offense. And sure, such offenders could also face fines. Thus, it is significant that you place your CCTV cameras in such a way that they do not cover private areas. Let’s get a bit in-depth and talk a little more about it, shall we?
What’s Really The Legal Framework Governing CCTV Installation?
You see, yes, there are some laws in India that indirectly regular CCTV use. Like? Well, the IPC Section 354 C is especially important since it deals with voyeurism and the improper surveillance of video. Then there is the law that applies to the handling of electronic data, including CCTV footage, especially if it includes sensitive information is the Information Technology Act of 2000, you know? Not just that though, the renowned Supreme Court of India has also affirmed the Right to Privacy as a fundamental human right that administers the use of CCTV.
For example, a person cannot put the camera in a place that intrudes on the private space of, say, a block in the public restroom. The IT (Reasonable Security Practices and Procedures and Sensitive Personal Data) Rules, 2011 further clearly show that care must be taken to ensure the recorded data’s protection. All in all, the laws suggest that the footage obtained through CCTV must be kept securely and not be misused. Security must be ensured against any misuse.
Do You Need Permission to Install CCTV?
In India, the installation of CCTV on one’s premises, whether it is a standalone house, villa, or apartment does not require formal permission from authorities, that we can say for sure. However, if you are residing in a housing society or an apartment complex, it is good practice to notify your building’s management to make sure that things are transparent, you know? Although you are not legally required to do so, you can engage in this practice to minimize the possibility of friction with your neighbors. In fact, the police often urge the installation of CCTV to prevent crime.
Just so we are on the same page, well, it is crucial for you to make sure where the cameras will be positioned and how they will be used, you know? Make sure you follow the laws regarding public surveillance and personal privacy that are applicable in your area lest you land yourself in legal issues or anything like that. Like, at home, make sure that the CCTV cameras do not get a blind spot and that they capture only your property or places where privacy is not expected, such as the front door, driveway, or lawn.
We shouldn’t need to tell you that you should not direct them towards the apartments to share with your neighbors or shared spaces, like piers, hallways in apartment buildings, etc., because it would be perceived as an invasion of privacy.
