Hrkpati
Sr.manager Hr & Legal
Pradsuk
Legal And Hr Advisor
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Couvery
Consultant
+2 Others

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in some factories, CCTV cameras are employed. is it necessary to warn all the visitors, employees about this fact (e.g. this area is covered under electronic surveillance)? if yes, under what statute?
Dear Dilip,
There is no particular statute that factories should be covered under electronic surveillance. It is a part of security measures that organizations pay attention to, to cover the factory premises and vital locations that can be protected and to prevent any sabotage.
With regards,
Madhusudan

sir, my specific query was not regarding legal requirement of providing the facility, but regarding legal requirement of warning the people about existence of such a facility!!
Dear Dilip
i do not know if there is any law that dictates that one should put up a sign before installing CCTV cameras.
For that matter, I do not know if there is an law for preventing people to peep through a keyhole in bathrooms and toilets.
Why are you so obsessed by laws and want to be dictated by it ??
There are no laws for making people say "Thank You" or "Please".
Hope you got the point I am driving at.
If not, do write back.
Warm regards.

Dear Dilip,
What Mr.Raj Kumar said is true. There are so many laws enacted in India. Are they able to control and prevent crimes in the country? Again, there are two sides for a coin. If you put a board that a particular area is under electronic surveillance, people will be cautious and hesitate to commit any mistake. On the other hand, they search for other means to get any mischief done through some other means. Hence, it is not the rules and regulations that stop mischief-mongers from doing something non-sense and get away with, but the attitude that should prevent a man from doing any non-sense.
With regards,
Madhusudan

Dear Friends, Why then almost every where we find the warning of electronic surveillance? I feel there is some law about it. I am also not aware of it and eager to know it.
Dear Koragaonkar ji

This has to do with the issue of PRIVACY. In certain developed countries, whether it is for Workplace surveillance or public safety surveillance; there are Legislations to :

- control its use,

- to protect the Privacy of the persons being monitored.

Therefore, a WARNING displaying that CCTV's have been placed; is mandatory.

Here's a link to a CCTV Policy of New South Wales state. Australia :

http://www.legalaid.nsw.gov.au/__dat...ras-Policy.pdf

Apart from this, you would agree that if a person finds a secluded spot, without knowing that there is a CCTV camera; may indulge in certain private and personal act; which MAY NOT BE ILLEGAL; but may be embarrassing if known or seen by others.

It can even be an innocent act like, adjusting one's dress by unbuckling and opening the trousers; cleaning ones nose or ears etc. Any such thing can be particularly dreadful in case of females.

Therefore, if not law; just a civil etiquette or manners DEMAND that people be informed if they are BEING OBSERVED SECRETLY through CCTV cameras without their knowledge.

This is a necessary human courtesy.

It is another thing that people in our country lack a civic sense; and are only driven by fear or stick. If there is no punitive law, they will not follow it; and if there is a law, they will try to circumvent it. The bifurcation of Minimum Wages would be the most popular and widespread example.

It is an entirely different story in India.

I hope you must be aware of the recent DELHI METRO MMS SCANDAL, which is very much in the news; wherein the CCTV footage that surreptitiously captured couples in very close positions, as they were in vacant coaches and not aware of CCTV. Not only their PRIVACY has been violated; but the recordings found their way in many Adult Internet sites.

Thankfully, no one has come forward to claim damages for such a violation of privacy.

Yet, having such notices are important; otherwise miscreants would be free to place CCTV cameras in hotel rooms; changing rooms in malls; toilets and bathrooms in women's institutions etc; since there would be no compulsion to display any notices.

Once there is a display pf notice, it will alert people who are being recorded; and also people can protest if cameras are placed in in-appropriate places.

So; if next time one is in a hotel room or a public toilet, one can protest if there is a notice.

If such cameras are placed which are HIDDEN or not declared then if the are discovered, one can sue for invasion of privacy.

Not DECLARING or not informing the Public (or employees) through a displayed notice about a CCTV camera; makes it technically a "HIDDEN CAMERA"; and as legal practitioner, I am certain that you are aware about the implications of such Hidden cameras.

Warm regards.

Dear Mr. Dilip Joshi,
It is advisable to warn all employees & visitors that the factory premises are under CCTV surveillance & nothing wrong doing so (a gentle notification). We are not living in Australia or in the U.S. thus, there is no point of following their laws or practices. Your query is so simple & needless to clarify in two - three pages text.
Best regards,
Dasan

Dear Dilip Hope you have arrived at the decision of informing others before installing CCTV. I must compliment you in asking a very unique question and raising a very timely issue !! Warm regards.
Dear Nadhusudan,
Yes, there are so many statutes made by govt.of india. . But, see every statute has its power and regulations. Certainly they can prevent the crimes. You can see many film actors, politicians and others have been sent behind the bars. Once look after the Wild Animal Act. It is an international Act.
Certain business entities have to plant CC TVs and cameras in for their internal safety and security. At the same time National Industrial Security aspects must be studied in depth. PCBs playing vital role in India. Many companies are in line get the clearance from PCBs of various states to commence their business. At a glance ,statutes are the governing authority . Follow the statutes and see that the results are positive.
Ravi Kumar
Manager HR&Legal,
TKECON


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