Most Ignored CCTV Codes and Laws

with ref http://arindamcctvaccesscontrol.blogspot.in/2012/03/cctv-data-protection-act.html

artical we discuss Most Ignored CCTV Codes and Laws.

Let’s be honest, not all security integrators and installers take the proper precautions to make sure they aren’t violating any CCTV “laws” before installing. Many install them on the notion of protecting property, keeping an eye on employees, or some other common video surveillance goal. We forget that there are rules that we need to follow. It’s all fun and games until you go to court for misuse of CCTV video. Below you will find a list of 10 most ignored Codes or Laws for security camera usage for the distributor and the consumer. So avoid getting in trouble by taking a look at this list of laws and code of conduct.

What are the most ignored CCTV codes?

Staff should be informed of any cameras placed in their working area:

This is a courtesy act, but is not required, unless the cameras are observing unionized  labor workers. In the case of a union, they must be notified if a hidden camera is going to be installed and used. Cameras are usually placed in working areas to keep employees on their best behavior, and warning them they are being watched is only fair. Some employment contracts may include a clause about hidden cameras.

Sales staff should inform the consumer of the advantages and weaknesses of each product:
Not all customers are tech savvy and know how to read spec sheets, so it is the salesperson’s responsibility to inform (enlighten) the client of such things. This is often overlooked and ignored. Some Technical background Sales people / Technician or Engineer always offers the best products, and will list for you any disadvantages a product has.

Sales Staff need to communicate to the customer how to maintain product:
This includes how to clean it and how to install it in order to keep the product working and in good shape.  Some expert sales staff always educates there customers on products and are trained to ask about the area the camera will be installed in to give corresponding care instructions.

Police are limited in their surveillance operations:
Because of the fourth amendment, police cannot install cameras with audio surveillance without a warrant. For instance, installing ‘bugs’ for investigations may be permissible if they have a probable cause. A public phone booth, however, is a place where installing audio surveillance is not permissible.

Except for law enforcement purposes, footage should not be given to any other third party:
This code is completely disregarded. Sometimes videos are posted online for entertainment or other purposes. If you go to Youtube and search CCTV, you will find many videos there, which is in complete violation of this code.

Although nannies do not have to be notified, it is still courteous to tell her she is being observed:
The footage of the nanny abusing the child was used as evidence even though it came from a hidden camera. This was ruled under the notion that one should not expect privacy in other people’s homes.

Cameras should be positioned only to view the premises:
Anything outside of your property is not your business, so anybody not visiting your property should not be caught on your footage. Some states prohibit cameras from pointing into other people’s houses or backyards, as it is a violation of privacy.  You can use Privacy Making to block out sensitive areas that you do not wish to monitor.

Some states require security cameras in certain areas:
Some states, require the installation of cameras at certain cabarets and public dance halls. This is required in the case of a crime, and is given to the cops immediately for investigation.

Regardless of the state, it is almost always illegal to record a conversation to which you are not a party, do not have consent to tape, and could not naturally overhear (RCFP):
This means any situation in which you would have eavesdropped on that conversation but recorded it, is illegal. In the following states, the one recording must notify everyone being recorded that the recording is taking place: Mumbai, Chennai, Bengaluru, Kolkata & New Delhi.

It is prohibited to place hidden cameras in private places:
In some states prohibit the placement and use of covert cameras without the permission of those being recorded. They must be warned that they are being watched and recorded. So what is a private place? It is anywhere where the person has an expectation of privacy, or outside of the public sector, i.e., bathroom, locker room, hotel room, or fitting room.

So when you are installing your surveillance system, make sure to continue by these rules. This will ensure your videos will be admissible as evidence in a court of law. When signing your employment contract, pay attention to the small things they add in there.

Section 43 Of The Information Technology Act, 2000(amended in 2008) in INDIA

Section 43 Of The Information Technology Act, 2000(amended in 2008) in INDIA

Internet is a window to me. Well, it is a window to millions of users like me. This window brings in good inflow of knowledge, some sweet breeze of friendships, economic inflow for some, and also dusty wind which carries viruses.  Even those, who do not access internet from their own computers, may bring to their own “safe computers” or to other’s computers all these unwanted pollutions by secondary methods like CDs, Pen drives, Floppies etc. I bet that every common man, woman or a school going child who uses computer, is afraid of pollution of computer.  There are hundreds of modes to pollute a computer ……nonetheless, hundreds of reasons too for doing this mischievous act. The Indian Information Technology Act recognizes two  most prominent modes of polluting the computer under section 43© , i.e introducing or causing to introduce computer contaminant and computer virus. Note that the mode is a two folded mode, i.e either directly introducing or causing to introduce.  This direct or indirect operation includes introduction of any computer contaminant and/or computer virus to the computer as a machine, computer system and the computer network as a whole.

Look at the draftsmen’s  particular observance on the distinguishing feature of ‘computer contaminant’ and ‘computer virus’….explanation to section 43 says under clause (i) that “computer contaminant” is a term which has been used to indicate “any set of instruction” which is designed to

(a) modify,

(b) destroy,

(c) record,

(d) transmit  any data or programme residing within a computer . The term also includes any set of instructions which is designed by any means, to  usurp the normal computer operations. This means that this provision penalizes any or the whole activity done in this course.

             Now, coming to the term “computer virus”, the first thing which came in my mind was the usage of the term “virus” in the very thought provoking movie “3 idiots”. The protagonist and others in the movie named the strict disciplinarian head of the institution “Virus”. It was a short form of his name “Veeru Shasrabudhhi”. But I felt that probably the movie wanted to establish the fact that “Virus” was polluting the minds of young aspirant researchers……………..exactly the way computer viruses pollute the data within the computers which may have been produced after real hard work. The legislation aforementioned in its explanation under clause (iii) clarifies what is meant by the term “computer virus”. It is explained as computer instruction, data or information or programmes that can either destroy, damage, degrade, adversely affect the computer functioning; or can attach itself to another computer resource and operate simultaneously when any data , instruction or programme is executed in that computer resource. The language of the legislation therefore indicates that ‘computer virus’ can include ‘computer contaminant’ too. Nonetheless, computer virus and computer contaminant could be the two prominent modes for hacking, besides monitoring and modifying the contents. Section 43 regulates such pollution of the computer (inclusive of computer contamination and polluting the computer through virus attack) by awarding pecuniary sanction of Rupees 1 Crore which the guilty person has to pay as compensation to the person affected as such.

Taking this provision as the base, hacking and modification of the content by such “pollutions” have also been regulated by Information Technology Act, 2008 under Section 65 (especially when the offense includes destruction, alteration of the computer source code which is required to be maintained by law for the time being in force) and section 66 (which includes all the offences as has been mentioned under Section 43, including ‘polluting’ the computer). Section 65 awards sentence which could be either imprisonment term up to 3 years or  pecuniary sanction which may extend to two lakh Rupees , or both; whereas section 66 awards sentence which could be imprisonment which may extend to three years , or pecuniary fine of  five lakh Rupees, or  both.

Hence do not take computer contamination or virus attacks lightly. If you are a programmer and you are asked to create any such programme, think again how it may affect you if you were the victim. If you are the victim, do not encourage any “techy” to beat the wrongdoer. The law is there to help…..however, how far it can be used and executed, remains still a matter of debates.