AI Cameras Don't Violate Citizens' Privacy; All Data Encrypted And No Question Of Leakage: State Defends 'Safe Kerala Project' In High Court

Defending its 'Safe Kerala Project' in the High Court which encompasses installation of AI-cameras on the streets for capturing traffic violations, the Kerala government has assured that there is absolutely no privacy violation by the Project.

"All the data related to the traffic rule violations are securely stored in the servers at the State Central Control room...programming [of AI cameras] is such that only images of violating vehicles and offenders will be captured...will be sent as encrypted data to the servers...respective data operators access their allotted violation data through VPN...challan information are in NIC servers which is under the control of the Central Government. Therefore, there arises no question of data leakage or data transfer to private servers," an affidavit filed by State's Transport Secretary claims.

It adds that the entry to the server room is controlled through bio-metric access.

The counter was filed opposing the plea moved by MLA and Leader of the Opposition in Kerala Assembly V.D. Satheeshan and MLA Ramesh Chennithala, seeking a Court-monitored probe into the Safe Kerala Project. The plea challenged alleged illegalities and corruption attached to the installation of AI Cameras, including privacy violation of citizens.

The matter is being heard by the Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun. It will next be taken up on September 18.

The Court had earlier asked the State government not to make any financial payments to the contractors connected with the installation of AI Cameras, until further orders. It had also sought the response of the State, its undertaking KELTRON, as well as the private players associated with the project.

Through its affidavit, the State claims that the petition is politically motivated, makes 'bald averments' and is an attempt to cause a 'fishing and roving enquiry' into the Project.

It is also averred that the petition is highly belated inasmuch as issuance of Government Order granting administrative sanction, issuance of the work order by the Transport Commissioner to KELTRON and the execution of the service level agreement between KELTRON and the Motor Vehicles department had all been completed in 2020. It is further stated that technical installations were completed 'in full public glare' by June 2022 but, the petition came to be filed only on June 9, 2023.

So far as allegations of corruption and nepotism go, State claims that the Tender advertisement for the Project was published in leading newspapers and was awarded to the lowest bidder, and no objections to the same were raised 'to the knowledge of the Government'. Moreover, it is claimed that even the Finance Department never objected to the Project; it had only raised certain queries which were clarified by KELTRON through the Transport Commissioner.

Project Implemented In Light Of Rising Accidents, Fatalities In The State

The State has provided a comprehensive account of the backdrop in which the Safe Kerala Project was implemented. The State submits that in light of the increasing motor accidents and rising vehicle population in the State, the retired Regional Transport Officer (Enforcement) P.D. Sunil Babu was appointed as Traffic Safety Expert in the Kerala Road Safety Authority, and that he submitted a report envisaging a road safety mission covering the whole State. The proposal had also mentioned the installation of surveillance cameras enroute National and State Highways, and important roads, junctions, and checkposts. It was also proposed that the Government could generate an income of Rs. 250Crore/year on compounding fees, and achieving the total control of traffic, security, and confidence of the people.

The State avers that it on the basis of this proposal and the further directions issued by it that the Transport Commissioner submitted a revised proposal named 'Safe Kerala'. Subsequently, upon the Government realizing that the Motor Vehicle Department lacked the expertise in implementing and operating such a technically complex automated enforcement project, the assistance of KELTRON was sought, which in turn, submitted a detailed project proposal in this regard, while projecting a cash flow of Rs. 424 Crore as estimated revenue collection during five years. 

The State adds that KELTRON had presented the project in two models - namely, BOOT with quarterly annuity model, and CAPEX Model with 5-year Facility Management Services. The State submits that the BOOT model was accordingly recommended to be suitable since there was no upfront investment by he Government in the same. 

No Change In Implementation Of The Project From BOOT To Annuity Model 

The State asserts that the Project has been implemented as it was originally conceived - a 5 year BOOT model with payment of 20 equal assured installments on quarterly basis. The State however clarifies that the term 'BOOT' is a misnomer, only to indicate that no upfront payment was required to be made by the State Government. It adds that the amount for capital investment and facility management would have to be paid off after the Project is commission in 20 quarterly installments. The State categorically claims that it has not been made to part with more money than what had been envisaged in the beginning. 

The State also asserts that a huge amount of cash outflow would have been required at the very outset if the Project had been been implemented in the CAPEX model. It also adds that in the present model, the Government was not making any payments for repair, maintenance, or for ensuring the performance of the equipments. 

The State further states that the implementation of the Advanced Traffic Enforcement System has been instrumental in bringing down road accidents and fatalities, and that revenue could also be generated through compounding fee. 

Case Title: V.D. Satheeshan & Anr. v. State of Kerala & Ors. 

Case Number: W.P. (C) No. 19992/2023