CCTV cameras violating my privacy

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This topic contains 2 replies, has 2 voices, and was last updated by  Sarthak Nayyar 2 weeks, 5 days ago.

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  • #3472

    Respected sir,
    I am a resident of NOIDA (U.P) and my house is in the ground floor of my building. The building is of 4 floors .My neighbour who lives on first floor have installed CCTV cameras in his house , however it had come to my notice that 3 of those cameras which he has installed are pointed towards the following areas of my house ;-
    1. The front/entrance door of my house 2. Verandah in the southern side of my house
    3. Verandah in the northern side of my house.

    I have informed him about my discomfort with this but he was rude and paid no heed I also wrote him a letter(not a legal notice) requesting him to remove those cameras else i will take legal action. kindly guide me as it pains me that someone can do surveillance of the movements of me and my family.

    P. S i have already asked you this query before of this site, however in this i want to know whether i can go to the district court and file a civil suit or an injunction order from the court kindly give your advice.

    Thanking you

  • #3474

    It should be possible for you to file a civil suit for mandatory injunction to remove CCTV cameras as they affect your right to privacy. You may also file an application seeking interim relief on the ground of privacy, along with the civil suit. But, please remember that you will have to give sufficient evidence of violation of your privacy by the neighbour. Also remember that your neighbour may have his own right to install CCTV cameras in his own house, some of which may be incidentally covering some areas of yours as well. So, you may have to prove that the cameras are installed to keep watch over you and not for the genuine reasons of his (i.e., your neighbour’s) own safety or purposes. Depending on facts of the case, you may get favourable order in such suit.

    Also note that in a similar question asked earlier by you (Installation of CCTV cameras by my neighbour violating my fundamental right), I had mentioned that the only offence which can perhaps be considered in the fact situation of your case is “public nuisance” under Section 268 of IPC which is punishable under Section 290 IPC. Another option is making an application to the executive magistrate under Section 133 of the Cr.P.C. for getting order of removal of nuisance. But, both these provisions talk of nuisance of “public” character, and it will have to be seen from the facts of your case whether they apply to a private building. So, you may consider those aspects also.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

  • #3478

    Thank you sir

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