Blanket CCTV coverage in clubs violates right to privacy, says court

 The Madras High Court rejected the State police’s suggestion to install CCTV cameras in all areas in recreational clubs except restrooms, holding that it would not allow any attempt to trample the right to privacy. This is the third verdict by the High Court on bringing spas, clubs and hotels under CCTV coverage, with the judges passing contradictory orders in the earlier cases.

The State police chief’s submission that the cameras should be installed in all places except restrooms did not appear to be a reasonable restriction as mandated under Clauses (2) to (6) of Article 19 of the Constitution, said Justice Krishnan Ramasamy.

“Thus, I am unable to accept the submission seeking direction that CCTVs be installed in all areas of the club except restrooms, as this would clearly be violative of the right to privacy of [the] members and visitors in the club,” the judge held while disposing of two writ petitions moved by MM Nagar Sports and Recreation Centre, Maraimalai Nagar, and Vadapalani Five Star Sports Club, Chennai.

The petitioners had sought a direction to stop the police from interfering or disturbing the day-to-day affairs of the facilities in any manner and also from harassing its members or guests.

After the court had on November 21 asked the police to file a counter explaining the places where the CCTV cameras could be installed, the police submitted that they could be set up in all places except the restroom of the clubs.

However, the court rejected it and directed the petitioners to install cameras at entry and exit points as well as the place where people play different games.

“Police should not cause inconvenience to other members and get all information using the details available in the CCTV footage thereby infringing the right to privacy of other members who are in no way connected or involved in offences,” the court added.