Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kumar S N (Student)     03 October 2011

Question

whether a deemed university can be considered as a state?? any decided cases in the matter??

 

publishing a recorded items in a cctv through net...does it infringe privacy of students??



Learning

 5 Replies

Democratic Indian (n/a)     03 October 2011

whether a deemed university can be considered as a state?? any decided cases in the matter??

Any organization which is controlled by the State or Central Government, either directly or indirectly, is called state owned organization. You may refer https://www.lawyersclubindia.com/experts/Meaning-of-state-under-part-iii-of-constitution-229146.asp


publishing a recorded items in a cctv through net...does it infringe privacy of students??

I do not think India has privacey laws though it is a fundamental right. You will have to build a strong and convincing case with good logic and reasoning, in order to get some good judgment in your favour. France is said to have one the best privacey laws including "image rights" of one's own person. Before publishing of the image, permission has to be taken from the person whose image is being published. You may read the following links and also search more on internet:


a) "In general, the right to privacy entitles anyone, irrespective of rank, birth, fortune or present or future office, to oppose the dissemination of his or her picture - an attribute of personality - without the express permission of the person concerned. One example is a photograph of a monarch which shows him otherwise than in the conduct of his public life (Judgment of the Court of Cassation, 13 April 1988).

A breach of privacy can arise not only from the dissemination to the public of indiscretions, but also from certain ways of obtaining or gathering information, even if the information is not subsequently published.

It should be borne in mind that the protection of privacy afforded by article 9 of the Civil Code is quite wide, since it operates both in a public and in a private place, unlike certain provisions of criminal law."

Source https://ambafrance-us.org/spip.php?article640


b) https://inforrm.wordpress.com/2010/03/18/revisited-and-updated-privacy-and-defamation-law-in-france/


c) https://www.largeformatphotography.info/forum/showthread.php?t=35938

Shailesh Kr. Shah (Advocate)     03 October 2011

Yes,  it is under state.

Democratic Indian (n/a)     03 October 2011

You may try convincing the court that right to privacy includes the right over personal and private information. Image of person is nothing but part of personal and private information, hence if it is taken or published without permission is violation of right to privacy. You may also try giving examples of the French law and the judgments. Also if image has to be taken for some public purpose like security etc., the images/recordings should not be kept stored for any more time than necessary and be destroyed. The images taken by university are not for public purpose. The relationship between student and university is of that of consumer and provider since it is taking fees from students. If you are succesful in convincing the court then probably you may get some favourable judgment. These are just my personal opinions. Let us see what other members of this forum have to say.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 October 2011

Dear Kumar S.N

it is under state

Democratic Indian (n/a)     09 October 2011

If one refers the below mentioned links, it appears that some person/s may be repeatedly raising similar queries and the experts are also repeatedly giving similar answers.

1) https://www.lawyersclubindia.com/experts/Writ-mandamus-on-cctv-cameras-in-college--235421.asp

2) https://www.lawyersclubindia.com/experts/Cctv-in-colleges-violates-students-right-to-privacy--236941.asp

3) https://www.lawyersclubindia.com/experts/-right-to-privacy-of-students-237716.asp


I would request both the querist and the experts, rather than keeping their scope or search limited to case laws or existing public perceptions about privacy, if possible also try to think out of the box solutions to the problem that can lead to creation of case laws, if they do not already exist.


If an applicant applies under RTI Act 2005, seeks private information of third party, including the image of third party. Will that be provided without permission of the third party? No. Why? Because the Right to Privacy under Article 21 also includes the right over own image. It follows that the State cannot "publish" the images on public medium like internet captured by CCTV cameras. Though Indian Courts are not bound to go by French laws of privacy, but they can also be refered in proper context, to makes the things more clear and convince the court.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register