Is it legal to install CCTV camera on industrial shop floor

503 votes

IT sector in India is growing at very high rate and the biggest problem is that there are no specific laws that governing surveillance in India. Although there are many acts and rules passed by legislature which governs surveillance indirectly, there is a need of specific laws as to working of governmental bodies, their powers, protection of individual privacy and freedom of speech. Section 69 Information Technology Amendment Act, 2008 gives power to government to intercept, monitor or decrypt any data or information stored on any computer resources for the reason of public safety, public order etc. but who shall be authorized to intercept this information is unknown. Although, CERT-In has been made by the virtue of Information Technology Act, 2008 but CERT-In will only come into play when there is any attack on Indian computers or resources or when any of Indian servers being hacked or crashed by any foreign body or any individual within or outside India.

The Indian Telegraph Act, 1885 had also given power to central or state government to intercept any message if it is against public safety and since then, as various laws came into force, the government has got power.

The governmental bodies which are working have got indirect powers from many different rules passed by the legislation. But there is no such legal framework passed by parliament in relation to surveillance and authorities who has power to monitor and block information for any computer recourse. The data collected by Central Monitoring System will only be accessed by governmental bodies like Intelligence Bureau, Research and Analysis Wing (RAW), Central Bureau of Investigation (CBI), National Investigation Agency (NIA), Central Bureau of Direct Taxes (CBDT), and Narcotics Control Bureau (NCB)[xii]. But who has given this authority or when shall such surveillance will be done is a question. Indian legal framework has provisions relating to electronic surveillance but they are inefficient.

Also, Right to Privacy bill, 2011[xiii] has been presented in the parliament and an attempt has been made by government as to define privacy and under which circumstances the government has power to conduct surveillance and what shall be penalties as to misuse of such information obtained by the way of surveillance. Under this bill, the surveillance can only be granted by permission of Home Secretary, Ministry of Home Affairs, Government of India.

On October 27, 2009, the central government has passed Information Technology (Procedure and Safeguard for interception, monitoring and decryption of information) Rules, 2009[xiv] in which it was laid down that no person shall intercept, monitor or decrypt any information available on any computer resources except an order from Home Secretary or Joint Secretary, Ministry of Home Affairs has been obtained to do so. According to Rules, under Rule 4, it has been laid down that the central government has power to delegate such authority to intercept, monitor or decrypt any information on any computer resource to any agency.

Also, Information Technology (Procedures and Safeguards for blocking for access of Information by Public) Rules, 2009[xv] has been passed by parliament in order to block access of any information on any computer resource by public. According to Rules, the government has power to block any information whether generated, transmitted, stored or received or hosted by any computer resource for any reasons mentioned in section 69A of the Information Technology Act, 2000 i.e. sovereignty and integrity of India, defense of India, friendly relation with foreign state, security of state etc.

Advocate Shrikant Laxman Tambe LawRato