CCTV camera on common areas of an apartment
1 week ago
One of the tenant who is in renting installed CCTV without the consent of the other residents of the apartment. We don’t have any association registered but we feel that he is invading our privacy on the common areas? Is there a solution to this one on legal terms?
A.Dear Client,
Common areas in a housing complex are usable for common purposes by all the residents of the building. Installation of CCTV in common areas for security purposes does not in any way invade the privacy of inside parts of individual flats. An individual resident can install a CCTV Camera near the main door gate for security reasons. Your objection or protest does not hold good even in litigation because you have to prove what kind of privacy you want in a common area or place other than inside the area of individual flats which is usable or accessible by all residents of the building.
Common areas in a housing complex are usable for common purposes by all the residents of the building. Installation of CCTV in common areas for security purposes does not in any way invade the privacy of inside parts of individual flats. An individual resident can install a CCTV Camera near the main door gate for security reasons. Your objection or protest does not hold good even in litigation because you have to prove what kind of privacy you want in a common area or place other than inside the area of individual flats which is usable or accessible by all residents of the building.
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A.Dear Client,
If your neighbor is not wiling to solve the issue amicably, you can file a complaint to the local police under Section 66E of the Information Technology Act, 2000. As per the provision, any person invading into an individual's privacy shall be punishable with imprisonment upto 2 years and a fine. On receiving the complaint, the police will take appropriate action against the invader under the said section. If the issue is not addressed due to the inaction of the police or for any other reasons, then you can approach the jurisdictional Court and file a case against the invader for commission of tort or for causing nuisance. Thereby, you can seek an injunction to remove the camera from the premises and claim damages for the nuisance so caused. If required, you may consult an Advocate for the advice and service.
Hope it helps.
Thank you.
If your neighbor is not wiling to solve the issue amicably, you can file a complaint to the local police under Section 66E of the Information Technology Act, 2000. As per the provision, any person invading into an individual's privacy shall be punishable with imprisonment upto 2 years and a fine. On receiving the complaint, the police will take appropriate action against the invader under the said section. If the issue is not addressed due to the inaction of the police or for any other reasons, then you can approach the jurisdictional Court and file a case against the invader for commission of tort or for causing nuisance. Thereby, you can seek an injunction to remove the camera from the premises and claim damages for the nuisance so caused. If required, you may consult an Advocate for the advice and service.
Hope it helps.
Thank you.
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