In some factories, CCTV cameras are employed. Is it necessary to warn all the visitors and employees about this fact, for example, by stating that "this area is covered under electronic surveillance"? If yes, under what statute?
Thank you.
From India, Mumbai
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5Thank you.
From India, Mumbai
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Dear Dilip,
There is no particular statute that dictates factories should be covered under electronic surveillance. It is a part of security measures that organizations pay attention to, to cover the factory premises and vital locations that can be protected, and to prevent any sabotage.
With regards,
Madhusudan
From India, Vijayawada
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There is no particular statute that dictates factories should be covered under electronic surveillance. It is a part of security measures that organizations pay attention to, to cover the factory premises and vital locations that can be protected, and to prevent any sabotage.
With regards,
Madhusudan
From India, Vijayawada
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sir, my specific query was not regarding legal requirement of providing the facility, but regarding legal requirement of warning the people about existence of such a facility!!
From India, Mumbai
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From India, Mumbai
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Dear Dilip,
I do not know if there is any law that dictates that one should put up a sign before installing CCTV cameras. For that matter, I do not know if there is a law preventing people from peeping through a keyhole in bathrooms and toilets. Why are you so obsessed with laws and want to be dictated by them? There are no laws requiring people to say "Thank You" or "Please." Hope you understand the point I am trying to make. If not, please write back.
Warm regards.
From India, Delhi
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I do not know if there is any law that dictates that one should put up a sign before installing CCTV cameras. For that matter, I do not know if there is a law preventing people from peeping through a keyhole in bathrooms and toilets. Why are you so obsessed with laws and want to be dictated by them? There are no laws requiring people to say "Thank You" or "Please." Hope you understand the point I am trying to make. If not, please write back.
Warm regards.
From India, Delhi
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Dear Dilip,
What Mr. Raj Kumar said is true. There are so many laws enacted in India. Are they able to control and prevent crimes in the country? Again, there are two sides to a coin. If you put a board stating that a particular area is under electronic surveillance, people will be cautious and hesitate to commit any mistake. On the other hand, they search for other means to carry out mischief through alternative methods. Hence, it is not the rules and regulations that deter mischief-mongers from engaging in nonsense and getting away with it, but rather the attitude that should prevent individuals from engaging in any nonsense.
With regards,
Madhusudan
From India, Vijayawada
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What Mr. Raj Kumar said is true. There are so many laws enacted in India. Are they able to control and prevent crimes in the country? Again, there are two sides to a coin. If you put a board stating that a particular area is under electronic surveillance, people will be cautious and hesitate to commit any mistake. On the other hand, they search for other means to carry out mischief through alternative methods. Hence, it is not the rules and regulations that deter mischief-mongers from engaging in nonsense and getting away with it, but rather the attitude that should prevent individuals from engaging in any nonsense.
With regards,
Madhusudan
From India, Vijayawada
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Dear Friends, Why then almost every where we find the warning of electronic surveillance? I feel there is some law about it. I am also not aware of it and eager to know it.
From India, Mumbai
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From India, Mumbai
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Dear Koragaonkar ji,
This has to do with the issue of PRIVACY. In certain developed countries, whether it is for workplace surveillance or public safety surveillance, there are legislations to:
- control its use,
- to protect the privacy of the persons being monitored.
Therefore, a WARNING displaying that CCTV cameras have been placed is mandatory.
Here's a link to a CCTV Policy of New South Wales state, Australia:
http://www.legalaid.nsw.gov.au/__data/assets/pdf_file/0003/9624/CCTV-Cameras-Policy.pdf
Apart from this, you would agree that if a person finds a secluded spot without knowing that there is a CCTV camera, they may indulge in certain private and personal acts which MAY NOT BE ILLEGAL but may be embarrassing if known or seen by others.
It can even be an innocent act like adjusting one's dress by unbuckling and opening the trousers, cleaning one's nose or ears, etc. Any such thing can be particularly dreadful in case of females.
Therefore, if not law, just civil etiquette or manners DEMAND that people be informed if they are BEING OBSERVED SECRETLY through CCTV cameras without their knowledge.
This is a necessary human courtesy.
It is another thing that people in our country lack civic sense and are only driven by fear or stick. If there is no punitive law, they will not follow it, and if there is a law, they will try to circumvent it. The bifurcation of Minimum Wages would be the most popular and widespread example.
It is an entirely different story in India.
I hope you must be aware of the recent DELHI METRO MMS SCANDAL, which is very much in the news, wherein the CCTV footage that surreptitiously captured couples in very close positions, as they were in vacant coaches and not aware of CCTV. Not only their privacy has been violated, but the recordings found their way onto many adult Internet sites.
Thankfully, no one has come forward to claim damages for such a violation of privacy.
Yet, having such notices is important; otherwise, miscreants would be free to place CCTV cameras in hotel rooms, changing rooms in malls, toilets and bathrooms in women's institutions, etc., since there would be no compulsion to display any notices.
Once there is a display of a notice, it will alert people who are being recorded, and also people can protest if cameras are placed in inappropriate places.
So, if next time one is in a hotel room or a public toilet, one can protest if there is a notice.
If such cameras are placed which are hidden or not declared, then if they are discovered, one can sue for invasion of privacy.
Not declaring or not informing the public (or employees) through a displayed notice about a CCTV camera makes it technically a "hidden camera," and as a legal practitioner, I am certain that you are aware of the implications of such hidden cameras.
Warm regards.
From India, Delhi
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This has to do with the issue of PRIVACY. In certain developed countries, whether it is for workplace surveillance or public safety surveillance, there are legislations to:
- control its use,
- to protect the privacy of the persons being monitored.
Therefore, a WARNING displaying that CCTV cameras have been placed is mandatory.
Here's a link to a CCTV Policy of New South Wales state, Australia:
http://www.legalaid.nsw.gov.au/__data/assets/pdf_file/0003/9624/CCTV-Cameras-Policy.pdf
Apart from this, you would agree that if a person finds a secluded spot without knowing that there is a CCTV camera, they may indulge in certain private and personal acts which MAY NOT BE ILLEGAL but may be embarrassing if known or seen by others.
It can even be an innocent act like adjusting one's dress by unbuckling and opening the trousers, cleaning one's nose or ears, etc. Any such thing can be particularly dreadful in case of females.
Therefore, if not law, just civil etiquette or manners DEMAND that people be informed if they are BEING OBSERVED SECRETLY through CCTV cameras without their knowledge.
This is a necessary human courtesy.
It is another thing that people in our country lack civic sense and are only driven by fear or stick. If there is no punitive law, they will not follow it, and if there is a law, they will try to circumvent it. The bifurcation of Minimum Wages would be the most popular and widespread example.
It is an entirely different story in India.
I hope you must be aware of the recent DELHI METRO MMS SCANDAL, which is very much in the news, wherein the CCTV footage that surreptitiously captured couples in very close positions, as they were in vacant coaches and not aware of CCTV. Not only their privacy has been violated, but the recordings found their way onto many adult Internet sites.
Thankfully, no one has come forward to claim damages for such a violation of privacy.
Yet, having such notices is important; otherwise, miscreants would be free to place CCTV cameras in hotel rooms, changing rooms in malls, toilets and bathrooms in women's institutions, etc., since there would be no compulsion to display any notices.
Once there is a display of a notice, it will alert people who are being recorded, and also people can protest if cameras are placed in inappropriate places.
So, if next time one is in a hotel room or a public toilet, one can protest if there is a notice.
If such cameras are placed which are hidden or not declared, then if they are discovered, one can sue for invasion of privacy.
Not declaring or not informing the public (or employees) through a displayed notice about a CCTV camera makes it technically a "hidden camera," and as a legal practitioner, I am certain that you are aware of the implications of such hidden cameras.
Warm regards.
From India, Delhi
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Dear Mr. Dilip Joshi,
It is advisable to warn all employees and visitors that the factory premises are under CCTV surveillance - nothing wrong in doing so (a gentle notification). We are not living in Australia or the U.S.; thus, there is no point in following their laws or practices. Your query is so simple and needless to clarify in two to three pages of text.
Best regards,
Dasan
From Saudi+Arabia, Dammam
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It is advisable to warn all employees and visitors that the factory premises are under CCTV surveillance - nothing wrong in doing so (a gentle notification). We are not living in Australia or the U.S.; thus, there is no point in following their laws or practices. Your query is so simple and needless to clarify in two to three pages of text.
Best regards,
Dasan
From Saudi+Arabia, Dammam
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Dear Dilip Hope you have arrived at the decision of informing others before installing CCTV. I must compliment you in asking a very unique question and raising a very timely issue !! Warm regards.
From India, Delhi
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From India, Delhi
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Dear Nadhusudan,
Yes, there are many statutes made by the Government of India. However, every statute has its power and regulations. Certainly, they can prevent crimes. You can see that many film actors, politicians, and others have been sent behind bars. Take a look at the Wild Animal Act; it is an international Act.
Certain business entities are required to install CCTVs and cameras for their internal safety and security. Simultaneously, National Industrial Security aspects must be studied in depth. PCBs play a vital role in India. Many companies are in line to obtain clearance from the PCBs of various states to commence their business. At a glance, statutes are the governing authority. Follow the statutes and ensure that the results are positive.
Ravi Kumar
Manager HR & Legal
TKECON
From India, Guwahati
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Yes, there are many statutes made by the Government of India. However, every statute has its power and regulations. Certainly, they can prevent crimes. You can see that many film actors, politicians, and others have been sent behind bars. Take a look at the Wild Animal Act; it is an international Act.
Certain business entities are required to install CCTVs and cameras for their internal safety and security. Simultaneously, National Industrial Security aspects must be studied in depth. PCBs play a vital role in India. Many companies are in line to obtain clearance from the PCBs of various states to commence their business. At a glance, statutes are the governing authority. Follow the statutes and ensure that the results are positive.
Ravi Kumar
Manager HR & Legal
TKECON
From India, Guwahati
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Dear Ravi Kumar,
I am not contending that there are no stronger statutes in India, but I am talking about the commitment of authorities in implementing them. What is the rate (percentage) of prevention of crimes through these statutes? The instances of film actors, politicians, and others involved in crimes being sent behind bars are limited. Take the case of Ottavio Quattrocchi, the Bofors middleman for instance. The CBI fought the case for 20 years, and finally, Tees Hazari Court acquitted him free of the charges. Even a Red Corner notice was issued by Interpol at the request of CBI to arrest him. What happened finally, everyone knows. Take the case of Lalu Prasad Yadav in the fodder scam. Could any of the enforcement authorities do anything? How many people could be detained under WPA when animals are killed and served in political feasts and other parties? Are PCBs playing a proper role in granting licenses? Let me explain to you with an example. In Nellore district in Andhra Pradesh, the State PCB had granted licenses to 28 thermal power projects based on reports submitted by entrepreneurs. The entrepreneurs suppressed facts about the actual quantum of pollution due to thermal power plants and the consequent environmental damage caused. There is so much surreptitious money stashed in foreign banks. What law could get the money back? The nation is witnessing the worst possible misgovernance both at state and central levels. Is there any machinery to correct these anomalies? Hope you have understood the scenario.
With regards,
Madhusudan
From India, Vijayawada
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I am not contending that there are no stronger statutes in India, but I am talking about the commitment of authorities in implementing them. What is the rate (percentage) of prevention of crimes through these statutes? The instances of film actors, politicians, and others involved in crimes being sent behind bars are limited. Take the case of Ottavio Quattrocchi, the Bofors middleman for instance. The CBI fought the case for 20 years, and finally, Tees Hazari Court acquitted him free of the charges. Even a Red Corner notice was issued by Interpol at the request of CBI to arrest him. What happened finally, everyone knows. Take the case of Lalu Prasad Yadav in the fodder scam. Could any of the enforcement authorities do anything? How many people could be detained under WPA when animals are killed and served in political feasts and other parties? Are PCBs playing a proper role in granting licenses? Let me explain to you with an example. In Nellore district in Andhra Pradesh, the State PCB had granted licenses to 28 thermal power projects based on reports submitted by entrepreneurs. The entrepreneurs suppressed facts about the actual quantum of pollution due to thermal power plants and the consequent environmental damage caused. There is so much surreptitious money stashed in foreign banks. What law could get the money back? The nation is witnessing the worst possible misgovernance both at state and central levels. Is there any machinery to correct these anomalies? Hope you have understood the scenario.
With regards,
Madhusudan
From India, Vijayawada
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Friends,
Insofar as Tamil Nadu is concerned, the municipal rules have recently been amended, making it compulsory to install CCTV in factories employing 100 workers or more. Several other types of buildings accessed by the public have also been covered under the new rules.
I trust that the attached TN Govt. gazette notification on the subject might be useful for reference.
Pradeep Sukumar.
From India, Coimbatore
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Insofar as Tamil Nadu is concerned, the municipal rules have recently been amended, making it compulsory to install CCTV in factories employing 100 workers or more. Several other types of buildings accessed by the public have also been covered under the new rules.
I trust that the attached TN Govt. gazette notification on the subject might be useful for reference.
Pradeep Sukumar.
From India, Coimbatore
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