Privacy | High Court Seeks Delhi Govt's Response On Plea Challenging Installation Of CCTV Cameras In Classrooms

The Delhi High Court on Tuesday issued notice on a petition filed by Delhi Parents Association and Government School Teachers Association, challenging the decision of the Delhi government to install CCTV cameras inside classrooms in all Government-run schools as violative of fundamental rights guaranteed under Articles 14, 19(1)(a) and 21 of the Constitution.

The Division Bench comprising Chief Justice DN Patel and Justice Jyoti Singh has sought responses from the Delhi Government, its department of Education, Directorate of Education and PWD, by March 30.

The plea filed through Advocate Jai Anant Dehadrai impugns two Cabinet Decisions dated 11th September 2017 and 11th December 2017, passed by Delhi government. These circulars purportedly make provision for installation of CCTV cameras inside classrooms of Government Schools and live-streaming of such video footage to third persons.

It is further prayed to set aside two Circulars dated 18th November 2019 issued by Directorate of Education authorizing installation of CCTV cameras in school. 

It is stated that the impugned decisions to install CCTV cameras inside classrooms, without obtaining specific consent from the students, their parents or the teachers, is a gross violation of their Fundamental Right to Privacy, upheld by a 9-Judge Constitutional Bench of the Supreme Court in K.S. Puttaswamy v. Union of India.

Further, it is stated that the act of live-streaming footage, again without specific consent, is a further violation of their Fundamental Right to Privacy.

Furthermore, it is contended that the complete absence of a data protection regime or any regulatory framework to protect citizens' data, the twin acts of obtaining and then storing children's data on private computer servers is "fraught with danger" and is thus also violative of the Fundamental Right to Privacy.

"This regulatory vacuum does not afford a citizen any means of redressal or indeed cast any obligations of reporting instances of data breach upon data custodians," the plea states.

The parents-association has opposed the idea of cross-sharing classroom footage with other parents or unauthorized third persons. They fear that such footage may be misused for morphing and dissemination on social media.

The teachers-association is concerned about their privacy and the preservation of their dignity as guaranteed under Article 21. It is alleged that there is violation of their fundamental right to be treated equally with other government servants.

"These infractions are combined with the fact that their interactions with students shall come under direct scrutiny and shall naturally have a chilling effect. The teachers are also deeply concerned about the psychological impact of constant monitoring shall have on the overall development of school children," the plea adds further.

Case Title: Delhi Parents Association & Anr. v. Govt (NCT of Delhi)