Is CCTV Covered Under Information Technology Act 2000? - CiteHR
Mahr
Head - Human Resources
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
+1 Other

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Is CCTV surveillance covered under Information Technology Act 2000?
Dear Vishwask,
There is no specific law against CCTV surveillance, however the same is not suppose to invade the privacy of individuals, a basic fundamental right. Generally CCTV should not be kept in Rest rooms and other private rooms as per the corporate guidance. Also there should be a signage in the premises which says "This premises is under CCTV surveillance".

Dear Vishwask,

Thank you for asking this question. After doing Cyber Law 3 years back, first time I opened the books related to this subject on this Sunday, to give you reply.

While confirming the answer given by Mahesh ji, wish to add as under:

IT Act 2000 is a Cyber Law.

According to me CCTV surveillance will not fall under the preview of IT Act 2000 unless there is a Cyber Pornography, Obscenity etc. Pornography, Obscenity etc. are Cyber Crimes.

The term Cyber or Cyberspace has today come to signify everything related to computers, Internet, websites, data, emails, networks, softwares, data storage devices such as hard disks, USB disk etc. and even electronic devices such as cell phones, ATM, CCTV etc. Thus a simplified definition of Cyber Law is that the "law governing cyber space".

According to the preamble of the Act, the Act basically seeks to:

1. Provide legal recognition for electronic commerce;

2. To facilitate electronic filing of documents with Govt. agenicies;

3. To amend IPC, IEA 1872, Bankers' Books EA 1891 & RBI Act 1934;

4. Promote efficient delivery of Govt. services by means of reliable electronic records;

5. Give favorable consideration to Model Law on Electronic Commerce, etc.

Major issues addressed by this Act relates to:

1. Electronic records, its' authentication  using digital signatures, legal recognition to it, use of it in Government, its' retention, secure and security procedure etc., publication of electronic Gazette, attribution & acknowledgment of receipts of electronic records, time & place of dispatch and receipt etc.

2. Establishing of authorities, appointment & function of Controller & other officers, establishments, procedures & functioning of Cyber Appellate Tribunal. Adjudicating Officers.

3. Certifying  Authorities, its' functioning & control, recognition of foreign Certifying Authorities etc.

4. Cyber Crimes, penalties for damage etc.

5. Special issues - extra territorial jurisdiction, overriding effect, protection of action taken in good faith, etc.

6. Administrative issues, power of central & state Govt. & Controller to make rules and regulations, etc.

7. Amendments- to IPC, IEA, Bankers' Books EA & RBI Act. etc.

Offends under this Act, are:

1. Access related crimes

2. Cyber Pornography, Obscenity

3. Copying information

4. Damage to computer, computer viruses etc.

5. Computer Fraud

6. Crime relating to digital signature certificate

7. Computer based Forgery

8. Tempering with Computer Source Code,

9. Non compliance with Controller's Order

10. Failure to Decrypt Information

11. Breach of Privacy & Confidentiality

12. Offensive Massage

13. Cyber Terrorism

14. Blocking & Interception of Information

15. Protected System.

 

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