Is It Legal to Use Video and Audio Surveillance in Admin Staff Areas? Let's Discuss!

Dear Sir, Is it legal to have video and audio surveillance in the administrative staff's sitting area?

Regards,
Amod

What is the legality of placing a camera in the workplace?

The only restriction imposed is that you should not place a camera in the restroom (not in the modern English meaning of toilet or washroom, but the room where workers take their rest during intervals as provided under the relevant provisions of the Factories Act).

Thank you.

Hello, Is it acceptable to have camera recording in the workplace? How about audio recording in the administrative staff area?

Regards,
Amod

If recording the visuals is permitted, why not allow audio as well? It can also be permitted. Anyway, if the camera is installed in the work area, the question of privacy will not arise, right?

Dear Amod,

Watching work and workmen during work falls under remote supervision. Therefore, there is nothing illegal about installing CCTV for both video and audio recording.

Why not include audio recording?

Hi, there should be no question as to whether it is legal or illegal because monitoring the workplace (except the restrooms) and remote supervision via audiovisual means are now very common and not inherently wrong.

Furthermore, it is now widely used in all corporate offices, as well as in factories, including their production floors, supervisors' cabins, and HR & Admin blocks.

There are a few aspects to be noted. One is general CCTV coverage with or without audio, and the second is capturing and storing/sharing conversations between individuals. While the first one is legal, the second one is not legal.

Is audio surveillance legal in the workplace in India?

Legal audio surveillance requires the consent of everyone in the conversation. This is often referred to as "two-party consent" but technically requires permission from all involved parties. Alternatively, a notice regarding the nature of surveillance should be placed in the vicinity of workplaces.

In India, the use of CCTV cameras is governed by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 under the Information Technology Act, 2000. According to these rules, organizations are required to inform individuals about the collection, storage, and usage of their personal information and obtain their consent for the same. Additionally, organizations are also required to implement reasonable security practices and procedures to protect this information from unauthorized storage, access, sharing, alteration, disclosure, or destruction.

Do I need permission to install CCTV in India?

There is no permission required for installing CCTV at your premises.

There are relevant aspects discussed in this link, which may be helpful to understand this better: https://www.worktime.com/12-most-ask...onitoring-laws