Taking the privacy rights forward, Hon’ble Bombay High Court observed that the right to privacy of an individual is infringed by installing CCTV cameras without their permission. A single Judge bench while correcting/modifying an order dated 2nd May 2018 in the matter of Farhad Ginwalla and Ors. v. Zenobia R. Poonawala and Anr. held that the respondent in this case, even though being a co-owner of the property cannot install CCTV cameras on the floors on which other plaintiffs are residing for the purpose of securing her flat which is situated on the floor different to that of plaintiffs. Hon’ble Justice S. J. Kathawalla while disposing of this matter observed as follows-

“3(i). That the Defendants in the first week of April Placed CCTV cameras over the main entrance doors to Flat Nos. 4, 5, 6 and 8 on the 1st, 2nd and 3rd floors of Rutton Manor in which the plaintiffs are residing, without their consent [emphasis added], and are monitoring as to who is coming in and out of those flats, thereby invading the Plaintiff’s privacy.”

The Hon’ble Court allowed the defendant to install CCTV cameras which are necessary for the security of the Manor based upon the report of a technician, which will be at the entry and exits of the Manor as well as the floor which belongs to the defendants; but not on the floors where the plaintiffs reside without their permission. Hon’ble Justice Kathawalla while applying the privacy rights in letter and spirit ordered the removal of those CCTV cameras which were infringing the right to privacy of the plaintiffs.

 

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Order: Farhad Ginwalla and Ors Versus Zenobia Poonawala and Anr