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Discussion > Civil Law > Others > Cctv camera installation outside my flat   Unanswered Threads Post New Topic

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jaykumtekar


Legal Advisor
[ Scorecard : 132]
PRO CHAT CALL
Posted On 30 July 2012 at 14:35 Report Abuse

Dear All,

I am the secretary of a society in Navi Mumbai.  One of the member who is having two flat one in his name and the second one in his wife name has installed a CCTV camera outside Both his Flats.  He has also installed one CCTV camera in the Parking lot where he parks his car.

The fact of the case his that this particular member's was murdered in Kerala and the accused is now behind bars.  The accused has issued a threat to the member that he and his henchmen will eliminate him and his entire family.

Secondly there was an incident wherein his car parked in the parking lot was vandalised and his front side glass was broken by some miscreants in the society.

He has also submitted the photographs of the security guards in the night who are found sleeping whilst on duty.

The member has thus installed a CCTV camera to safeguard him and his family as it is a security threat to his family members at NaviMumbai.

Now the question is one member who is staying just opposite his house has objected to the CCTV camera being installed as his door is in front of the CCTV Camera.  However the door is always closed.  She is contending that her privacy is affected.

1.Now my question is whether a member can install CCTV on the wall of his flat.

2.Whether it will lead to encroaching or infringement upon the privacy of the other members.

3.Whether installing CCTV Camera outside the door of his flat is permissible.

4.Now big society and towers are installing CCTV camera's outside the flat of every house so for security reason whether the member has the right to install CCTV on thedoor of his flat.  Also I am been given to understand that to protect from criminal elements I am having a right to safeguard my security and hence I am entitled to install CCTV camera outside my flat.

5.The byelaws also does not have any clause as to prohibition of CCTV by a Member.

Kindly suggest the appropriate action I should take in this regard.  Also requested to provide citation /judgement on the above matter which is in favour of the member or not. The member has already applied for an Adinterim order before the JMFC and he has got and order not to remove the CCTV camera till the next date of hearing.  So citation could help me to solve this problem.

Jay Kumtekar

 



Democratic Indian


The Right to Keep and Bear Arms is our Human Right and Fundamental Right guaranteed to us under Articles 19 and 21 of Constitution of India. Spread the message to everyone! Join NAGRI and fight for your Rights - http://www.gunowners.in
[ Scorecard : 3772]
PRO CHAT CALL
Posted On 30 July 2012 at 17:28

1.Now my question is whether a member can install CCTV on the wall of his flat.

Why not? Where is the legal problem?

2.Whether it will lead to encroaching or infringement upon the privacy of the other members.

It will not lead to encroachment of privacy of other members so long the CCTV camera does not peep into and record the private space of other members i.e. activities inside the other flat's bedroom, bathroom etc. Common space is not a private space of other members.

3.Whether installing CCTV Camera outside the door of his flat is permissible.

Why not? Where is the legal problem so long the CCTV is recording activities in common area only?

4.Now big society and towers are installing CCTV camera's outside the flat of every house so for security reason whether the member has the right to install CCTV on thedoor of his flat.  Also I am been given to understand that to protect from criminal elements I am having a right to safeguard my security and hence I am entitled to install CCTV camera outside my flat.

Your understanding is correct. So long the CCTV camera is not being used for illegal purposes, it should not cause any problem.

5.The byelaws also does not have any clause as to prohibition of CCTV by a Member. Kindly suggest the appropriate action I should take in this regard.  Also requested to provide citation /judgement on the above matter which is in favour of the member or not. The member has already applied for an Adinterim order before the JMFC and he has got and order not to remove the CCTV camera till the next date of hearing.  So citation could help me to solve this problem.

Please search for "privacy" in any legal search engine like http://indiankanoon.org/

You may also like to read these:

http://www.lawyersclubindia.com/forum/Re-Encroachment-to-privacy-59564.asp

http://www.lawyersclubindia.com/forum/Question-44907.asp


Sudhir Kumar


Dy Director
[ Scorecard : 15657]
PRO CHAT CALL
Posted On 02 August 2012 at 00:46

from given facts themembers appears to be justified rather having no choice.





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