LAWS AGAINST SPY CAMERAS IN INDIA: ALL YOU NEED TO KNOW

INTRODUCTION

When you see an advertisement for hidden or spy cameras or learn about a recent incident of MMS being leaked as a result of hotels using spy cameras improperly. You must ask yourself one question. Whether using spy cameras is permitted? What rules govern the use of covert or spy cameras in India? Here, Nomadic Lawyer has compiled all the facts you require to understand whether deploying spy cameras is allowed as well as what legal recourse is available in our nation if someone abuses them.

WHAT IS SPY CAMERA?

A gadget that records or takes pictures of other people without making them aware that they are being filmed is called a hidden camera or spy camera. It is frequently posed as a device in pens, buttons, clocks, watches, and other similar devices. Most people believe that spy cameras are utilised for security or as a tool of law enforcement. However, when a camera is utilised in this manner, it may be against the law. If utilised properly, spy cameras are acceptable for usage, sale, and purchase. It is acceptable to use a spy camera for lawful purposes, but you must be able to provide written proof of those purposes. It would be illegal to do so by the IT Act or the IPC.

USE

The use of spy cameras is debatable, with some individuals stating that it violates their right to privacy while others contend that it is an essential security tool. Since there is no explicit regulation that regulates the usage of these devices, it is uncertain whether spy cameras are allowed in India. However, several laws, such as those prohibiting voyeurism, stalking, and harassment, could potentially be used to bring charges against persons who employ spy cameras.

ILLEGAL USE

If you use a spy camera to record someone without their permission, invade their privacy in a place where they anticipate it, or use it to take advantage of someone, you could face harsh consequences. These cameras are frequently exploited by sexual predators or business spies for improper gain through blackmail, harassment, and information theft.

To satisfy the twisted desires of voyeurism, sometimes private moments or nudes of people are captured on such spy cams and sold, posted, or live broadcast. Either the IT Act of 2000 or the IPC of 1860 may be used to punish it.

LEGAL USE

When used legally, spy cameras may be utilised, sold, and purchased. It can be used for security at home or in the workplace, to watch over young children at home, to record legal entertainment like practical jokes, and to gather proof if the next person is dishonest or engaging in any criminal conduct. According to Indian law, the legality of a certain act when utilising a spy camera depends largely on the circumstances. It is lawful to use a spy camera if there is a legitimate need for it, but you must have sufficient evidence; if there is no such need and you use the spy camera to abuse it, it is prohibited and you risk punishment.

LEGAL PROVISIONS

This section shall not be interpreted to suggest that Sec. 66E of the IT Act does not apply. Any time you do this, privacy laws are broken. A violation of Section 2 of this Act occurs when someone takes or transmits someone else’s image without that person’s consent. According to sec. 354C of the IPC, “When a woman is captured or recorded making obscene gestures or photos, that act is punishable.” The law allows for the use, sale, and purchase of spy cameras. It can be used for security at home or at work to monitor young children, record legal entertainment like practical jokes, and gather proof if the next person is dishonest or engaging in unlawful activity.

POSITION IN INDIA

Legal guidelines are urgently needed in India to control the use of covert cameras. To give the parties involved effective remedies and substantive justice, laws, notably the Information Technology Act, need to be changed to incorporate explicit provisions on the privacy rights of individuals concerning electronic media. Additionally, the government should outlaw the use of portable cameras in sensitive areas and inside such institutions of power. It is vital to remember that reasonable limitations must be established in the interest of the public. India has significantly altered its information technology laws, but there are still many adjustments that need to be implemented. India is a developing nation.

The primary piece of legislation regarding electronic monitoring is the IT Act of 2000. A criminal can be charged under Sec. 66E if a camera takes or sends images of a person’s private parts, whether they are male or female, without that person’s permission. Both the Right to Privacy and Data Protection Bill of 2019 and the IT Rules of 2021 address surveillance. In India, there aren’t any specific regulations or laws governing CCTV surveillance, though.

In the most recent case is Manohar Lal Sharma v Union of India and Ors. Based on the Pegasus spyware that allegedly intercepted and tracked the data of about 300 people in India, SC found that:

Members of civilized democratic society have a reasonable expectation of privacy and every citizen of India should be protected from any invasion of privacy and related to the famous case K.S. Puttaswamy v. Union of India in which the Supreme Court held that:

The right to privacy is a constitutionally protected right and appears as a fundamental right under Section 21 of the Constitution, and any law that infringes upon an individual’s right to privacy must meet requirements that restrict this fundamental right. mentioned in the Constitution. This Supreme Court has clearly stated that any form of violation of an individual’s privacy, such as unauthorized or unreasonable surveillance, must cease to exist.

OBJECTIVE AND PURPOSE

Tools that were previously only available to high-level law enforcement and government operatives can now be purchased by the general people. CCTV has given people and businesses previously unattainable levels of security, yet the simplicity with which security cameras may be deployed has also resulted in significant abuses. Cyber law experts claim that there are many incidents of placed CCTV cameras violating people’s privacy. There have been instances where high-profile people and celebrities were filmed on CCTV cameras, and the footage was afterwards sold for cash. Additionally, private businesses and organisations may utilise the information obtained by CCTV cameras for terrorist or political purposes, endangering the privacy of the general population. Modern technology compromises privacy in the name of efficiency or security.

CONCLUSION

CCTV surveillance systems that are properly set and judiciously used are valuable tools for tackling security issues. But improperly configured systems give us a false sense of security while also violating our privacy and other fundamental rights. A comprehensive data protection and privacy law that closes the gaps in the current monitoring frameworks must be put in place as surveillance technologies become more advanced. Additionally, the privacy of a person must be weighed against the needs of the general public and security.

REFERENCES:

Constitution of India, 1949
Indian Penal Code, 1860
Information Technology Act, 2000
Manohar Lal Sharma v. Union of India
K. S. Puttaswamy v. Union of India
Smriti Paudel, “CCTV surveillance laws in India and abroad”, iPleader, available at: https://blog.ipleaders.in/cctv-surveillance-laws-in-india-and-abroad/ (1 August 2023).
Jessie, “The Use Of Spy Cameras: A Controversial Topic”, Digi Effects, available at: https://www.digieffects.com/the-use-of-spy-cameras-a-controversial-topic/ (1 August 2023).
Supriya Gill, “Is Using Spy Cameras Legal or Illegal in India?”, Nomadic Lawyer, available at: https://nomadiclawyer.com/is-spy-cameras-legal-in-india/ (1 August 2023).