Neighbour infringes right of privacy through CCTV camera

476 votes

If your neighbour has installed a CCTV camera facing your house, and it infringes on your right to privacy, you can take the following steps:
 

1. Speak to your neighbour: In the first instance, it is advisable to speak to your neighbour and try to resolve the issue amicably. Explain your concerns and ask them to adjust the camera so that it does not capture your house or the movements of the members of your family or friends.
    

2. File a complaint with the police: If your neighbour is unwilling to address your concerns, you can file a complaint with the local police station under Section 66E of the Information Technology Act, 2000. Under that Act, the installation of CCTV cameras that invade an individual's privacy is a punishable offence. Section 66E of the Act deals with the violation of privacy and provides for imprisonment upto three years and a fine. The police will investigate the matter and take appropriate action if they find that your neighbour's actions constitute an infringement on your right to privacy under Section 66E.
    

3. Approach the court: If the police do not take any action or the issue persists, you can approach the court for relief under civil law. Installing a CCTV camera facing your house may be considered a civil wrong or a tort under the law of nuisance. Nuisance is not a criminal offence under the IPC, but it is a civil wrong. Under the law of nuisance, any act or omission that causes unreasonable interference with the use and enjoyment of property is considered a nuisance. If the installation of the CCTV camera by your neighbour is causing a nuisance to you by interfering with your right to privacy, you can file a lawsuit for nuisance seeking an injunction to remove the camera and compensation for damages caused.

LawRato LawRato

602 votes

Section 268 of the IPC covers such instances under a big umbrella of nuisance. Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.
File a complaint with the local police station. Let them take action. Along side, sent a legal notice to your neighbour stating that action will be taken against them if they do not remove the CCTV. If police fails to take action within reasonable time, proceed with a criminal case.

Advocate Mishika Singh LawRato

398 votes

In India, the installation of CCTV cameras by a neighbor that infringes on your right to privacy can be addressed through legal means. Here are some key points to consider:

1. Right to Privacy: Every individual in India has the fundamental right to privacy, which includes the right to not be subjected to unauthorized surveillance. If your neighbor's CCTV camera is directly facing your house and violates your privacy, you have grounds to take legal action.
2. Legal Action: You can file a civil suit for a mandatory injunction to have the CCTV camera removed. In such cases, you may also seek interim relief while the legal proceedings are ongoing.
3. CCTV Camera Laws: While installing CCTV cameras at home is not illegal, they must not infringe on your neighbor's right to privacy. The focus of the cameras should be limited to the area owned by the person installing them. Any violation of privacy can lead to legal consequences.

Advocate Chikirsha Mohanty LawRato

79 votes

There are no laws in India that force homeowners to ask their neighbors for permission before installing CCTV cameras. It is still a good idea to let your neighbors know about the CCTV installation as a gesture of courtesy, and to avoid any disputes or misunderstandings.

Advocate Chikirsha Mohanty LawRato