Latest News
Back
Installing CCTV Cameras To Monitor Movement Without Flat Owner’s Consent Is Invasion Of Privacy: Bombay HC
Installing of CCTV cameras outside somebody’s flat or residence without their permission/consent, in order to monitor their day-to-day activities, is an invasion of privacy, held the Bombay High Court.
Justice SJ Kathawalla has been hearing a notice of motion, where, the plaintiff, Farhad’s wife Pervin is the owner of a buildind in Colaba named Rutton Manor. The entire family used to live there. After Pervin’s death Farhad and Zenobia, his third daughter became the co-landlords.
Zenobia, along with her husband, is the defendant in the case. They have been accused of installing CCTV cameras on the 2nd floor of Rutton Manor, outside Flat No. 5 and No.6, in which Farhad’s son Rustom and his other daughter are residing. The cameras were installed without their consent, and their movements were being monitored constantly. She has allegedly been taking pictures and videos of the plaintiffs and inside their house, also without their consent, to annoy them. All of this was considered as invasion of privacy.
Zenobia was also allegedly intimidating the entire family and also deprived them of access to certain parts of the building. The defendant stated plaintiffs’ breach of an order of Small Causes Court as they had inducted third parties as tenants into Rutton Manor, as the cause of her behaviour.
The court said, “This Court therefore made it clear to the Advocate for the Defendants that the Court has no doubt that Defendant No. 1 is conducting herself in this manner only to annoy and disturb the Plaintiffs and their guests, and the Court cannot allow her to do so.”
Following this, the defendant gave an undertaking stating that she would discontinue such behaviour. The court also directed her to allow access to the common-roof to the plaintiff. In case of non-compliance, lawyers were directed to intervene and resolve the issue.
The court made it clear that one is free to install cameras outside their own flat, where they reside, not outside somebody else’s flat.
