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Is my privacy invaded if neighbour puts CCTV camera outside his shop


13-Aug-2023 (In Civil Law)
Last four months,Me and my neighbour are not in good relationship.Instead of that he has installed a CCTV camera outside their shop to monitor the common area between my house and his building. It has been installed in such a way that if the camera angle is tilted, it can look into my house entrance.So that my privacy and my absence and presence are also recorded. Last four months we are not good relationship.
Answers (4)

Answer #1
723 votes
Right to privacy has been read into Article 21 by our supreme court and now it has attained the status of fundamental right. Since you are aggrieved by the private individual you could sue him under Tort Law. As such You can file a civil suit for Mandatory injunction to remove CCTV camera along with an application seeking interim relief stating that it affects your privacy. You have to substantiate your claim by producing strong evidence showing there is clear violation of privacy by your neighbor. If you can prove factually that the CCTV camera is ,in fact, affecting your privacy, you could get ad-interim Injunction at the first hearing itself and removal of particular CCTV after the Trial.

Answer #2
851 votes
You can send a legal notice to your neighbour regarding your issue and you can tell him to change the position of the camera. If he obeys your legal notice that will solve the problem otherwise you can file a case against your neighbour.
Answer #3
746 votes
What is the relief you want due to his activity?

You have not asked for the solution at all ?

If you feel that the installation of CC TC surveillance camera installed in his shop invades your privacy, you have to prove it by showing the captured pictures that actually invaded your privacy.

You cannot object to his installation of the the said camera in his shop, it will be equal to infringe his rights or interfere in his business.

For your this act, he may even file a defamation case against your, so better be watchful before initiating any step in this regard.

The police also will not cooperate or any such complaint without any base, and you cannot file a case in the court also without any proof or evidence to support your pleadings in the case proposed to file.
Answer #4
623 votes
Right to privacy is a fundamental right. It comes within the ambit of Article 21 of the Indian constitution. If you have strong suspicion that your privacy is affected you may raise objection to it. CCTVs are installed to prevent anti social activities and for reduction of crime. If possible you may request the shop owner not to infringe on your privacy. You may also take the help of local lawyer and police for solving the issue.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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