Dear Sir In our society, there's a practice of clicking picture of anyone entering at the main gate - be it maids, labourers, staff, guests of owners. It was all good till an owner got wild on clicking picture of his guest at the main gate and related it to violation of right to privacy. I'm part of the management committee and seek your expert opinion on this matter please. Are we legally right as matter of best practices in security and safety of the society to continue clicking pictures of anyone entering our society? Even if the guest is approved by the owner. We have a app based entry approval system. Guests are often pre approved this app. There is no provision of uploading the picture of the guest in advance by the owner in the app. What defence can we put across in this case? With a perspective of not violation the right to privacy. Also, is it legally correct to refuse on the part of a guest to get this picture clicked? Warm regards
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You can install CCTV cameras at the enter ace and lobby of your building after obtaining approval in AGM
the video footage will help the society in nabbing culprits in the event there is any untoward incident happening in society
3) as far as clicking pictures of guests and other visitors are concerned you can do so if resolution is passed in AGM to that effect
The objection is valid on the grounds of violation of privacy. The person whose picture is taken will not be certain whether his picture will not be abused or misused. It is better to discontinue this practice. It is now common that cctv cameras are installed at vital points inside housing societies and gated communities, which serve the purpose should any untoward incident take place.
The objection against clicking of pictures is not valid
Even CCTVs record the entry and exit of people in the society premises and the transcript is available with the society
If the objection was to be sustained then even CCTVs would be invading the right to privacy of an individual
It is settled law that when a person becomes a society member he loses his individuality to the society
The flat owner is known only through the society
Provided the society does not impose harsh conditions which invade someone's privacy, the subject objection is absolutely baseless
One person's privacy cannot prejudice the safety and security of several people occupying the society premises
Had the society been clicking pictures of the owner and his guest while in the flat of the owner, that would amount to infringement of owner's privacy
Here the pictures are being clicked in the common areas of the society and that too for security reasons
Thus the objection is totally unwarranted
You can't click such pictures as it's voilates privacy without his permission. Only CCTV cameras can be installed for safety purpose. You can use app for your society safety
The surveillance camera taking pictures of all incoming and outgoing persons on regular basis kept at the entrance or on some vital points in the common areas of the association cannot be treated as invasion of privacy of anyone including the member/owners of the association.
The decision taken by the society on a resolution passed by majority members in a meeting convened keeping this also as an agenda, becomes bylaw of the association hence it cannot be said to be an act of violation.
In case the member who is agitating over this issue has any grievance you may ask him to ive his grievance in writing which should be replied properly based on the bylaws enacted for this purpose.
If the frustrated member is still not listening you may ask him to approach appropriate legal forum to get his grievances redressed, you can challenge his complaint as per provisions of law.
Do not get into a personal fight with the member which may get converted into personal quarrel and turn worse.
Dear Client,
Data (name, phone numbers, photographs, etc.) collected by Housing Societies at the time of entering of guests has come within the realm of 'personal information' under the Information Technology Act, 2000. Recently, the Personal Data Protection Bill, 2019 widened the ambit of the definition of 'personal information' by including data that has regard to any characteristic, trait, attribute or any other feature of identity of a person, whether online or offline. In this context, it bears mentioning that the Bill applies to processing of personal data by humans and by automated means.
Moreover, you do not require anyone's consent to photograph them in a public area as long as the photograph is not being published anywhere in an "embarrassing" or "mentally traumatic manner" is not allowed. Hence, taking pictures of the guests entering the society will not violate their right to privacy as the Housing Society is also entitled to collect some amount of personal data.
Thank you.
- The society can adopt the legal ways for the security reasons after passing a resolution in the GBM.
- However , such practice of taking pictures may be misused , and in that eventuality the society can be responsible for the offence , hence CCTV camera is a better solution .
