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Kay Abreu (NA)     14 October 2021

Right to privacy

My neighbour has just installed an
audio
device facing my house. Our houses, in an unauthorised colony, are just 7 feet apart. We are not on speaking terms . We are senior citizens aged 70 years and live alone . i have retired from a Central Ministry and my wife a retired school teacher from a reputed school in Delhi. We feel very uncomfortable. Our right to free speech seems to be curbed. He is a cab driver by profession an active AAP worker and an office bearer of the area RWA . Please advice.


 7 Replies

G.L.N. Prasad (Retired employee.)     14 October 2021

Whoever, whatever he is, he is your neighbor.  Establish speaking terms, renew friendship and explain your problems, I am sure that he can understand your problem.  The only thing one can not understand from the query is to "How your right to free speech seems to be curbed".  At your age to maintain good relations is a most essential necessity and in specific with cab driver neighbor..  Take the help of other neighbors that are having students who are equally disturbed with that notice nuisance.

Your working at Central Ministry,  wife school teacher, owning a house at Unauthorized colony, your neighbor AAP worker are not relevant to lodging police complaint before Police.  But no prudent person that can understand your status can prescribe a remedy through the lawful course.

Kay Abreu (NA)     14 October 2021

After much thought we chose to ignore it and enjoy the remainder part of our lives after 70. To ignore is the best medicine. Thank you very much for your expert advice.

Ananya Gosain   14 October 2021

Greetings!

I assume with an audio device being placed facing your house you mean this device may be responsible for neighbors being able to listen to your conversations and thus curtailing your Freedom of Speech 

Art.21 of the Indian Constitution says that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The expression ‘personal liberty includes ‘right to privacy.

Property owners and occupiers who install CCTV and/or audio recording equipment must comply with data protection laws or risk significant penalties, especially if their equipment monitors 'public space' outside their property. Recording can only be done in an authorized manner with permission from the department concerned. However, if it is undertaken in an unauthorized manner then it is illegal and will result in prosecution of the person responsible for breach of privacy. The (Indian) Information Technology Act, 2000 deals with the issues relating to the payment of compensation (Civil) and punishment (Criminal) in case of wrongful disclosure and misuse of personal data and violation of contractual terms in respect of personal data.

Hope this helps

Regards

 

G.L.N. Prasad (Retired employee.)     14 October 2021

Sir,

Do not ignore and explore peaceful means by maintaining cordial relations with neighbors.  At least they must understand your pain and that message should reach them..

Ananya Gosain   14 October 2021

I absolutely agree that you must try resolving the conflict peacefully before approaching law enforcement at the same time being aware of your rights. 

P. Venu (Advocate)     14 October 2021

The post discloses more prejudices than facts. Irrespective of the social standing of your neighbour, he happens to be a citizen of our country. Of course, he is a liable for action is he commits an actionable wrong.

Kay Abreu (NA)     14 October 2021

I have decided to ignore it. 


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