Request to suspend camera operations until compliance with privacy and data protection laws is ensured
STATE HUMAN RIGHTS
Reg: No: R389/2003
PROTECTION CENTRE
Joy Kaitharatll
General Secretary
Right to Information - Anticorruption-Anti Adulteration
& Environment Protection Activity Centre
VELLIKKULANGARA, THRISSUR, KERALA - 680 699
E-mail:shrpc2003@gmail.com.joykaitharath@gm.ail.com
Phone: 9745005424, 9447734108
Adv. C Sivarajan
Chairman
To
The Chief Secretary,
Government of Kerala
Government Secretariat,
Thiruvananthapuram-695001
Subject: Request to suspend camera operations until compliance with
privacy and data protection laws is ensured
Dear Sir,
As the General Secretary of the 'State Human Rights Protection Centre'
(SHRPC), I am writing to express my serious concerns regarding the recent
installation of 726 AI-enabled surveillance cameras by the Motor Vehicles
Department of the Government of Kerala. The installation of these cameras
has raised multiple issues related to individual privacy and compliance with
the Motor Vehicles Act 1988, Central Motor Vehicles Rules 1989, the Kerala
Motor Vehicle Rules 1989, the Information Technology (Reasonable
Security Practices and Procedures and Sensitive Personal Data or
Information) Rules, 2011, the Personal Data Protection Bill, 2019, and the
Right to Privacy under Article 21 of the Indian Constitution.
It is of utmost importance to ensure that thes~ cameras do not violate
privacy and data protection laws in India. The concerns raised are as
follows:
1. Violation of Privacy Laws: The cameras are capturing images and
videos of people traveling inside private vehicles without their explicit
consent, whiCh is against the privacy laws of India.
2. Data Retention: There is no clarity on how long the data collected by
these cameras will be kept in the servers and when it will be deleted,
which is in violation of the IT Rules, 2011, and the Personal Data
Protection Bill, 2019. It is important to clarify who processes the data
collected by these AI cameras, how the data are processed, and
where the servers processing the data are kept.
3. Compliance with Data Privacy Laws: As per the Personal Data
Protection Bill, 2019 and the IT Rules, 2011, sensitive personal data,
such as images and videos of individuals, are protected and cannot
be collected, processed or stored without the explicit consent of the
individual concerned.
4. Compliance with the Motor Vehicles Act, Central Rules, or Kerala
Rules: There are no provisions in the Motor Vehicles Act or the Kerala
Rules that permit the use of such devices without proper regulations
and guidelines.
5. Protection of the Right to Privacy: The use of AI cameras to capture
images and videos of individuals traveling inside private vehicles may
not be in line with the right to privacy of the individuals, as provided
under the Indian Constitution. The cameras have the potential to
collect sensitive personal data of individuals without their consent,
which can lead to the misuse and exploitation of personal data.
6. Clear Policy on Data Collection: There is a need for a clear policy on
data collection, processing, and storage, which should be in line with
the data privacy laws in India. The data collected by these cameras
must be treated with utmost care and should not be misused for any
purposes other than the one intended.
7. Misuse of Personal Data: The images and videos of people traveling
inside cars collected by the cameras can be misused by motor vehicle
personnel. There is a risk that this data can be used for purposes
other than detecting traffic offenses, such as blackmail or extortion.
Therefore, there is a need for strict measures to ensure that the data
collected by these cameras is not misused.
8. VIPs no exemption: It has been reported that VIPs traveling in
vehicles with beacon lights are exempt from following traffic rules,
which is unconstitutional in a country where the constitution
guarantees equality before the law. This exemption should be
immediately reviewed and revoked, and all citizens should be subject
to the same traffic laws.
9. Data Privacy Safeguard: The data of passengers being handed over
to a private firm is against data protection conventions and an
intrusion into the right to privacy. The government must ensure that
the data collected by these cameras is not misused, and the data
privacy of individuals is safeguarded.
10. Examining Project Cost: The government is spending a significant
amount of money on this project, and the cost incurred by the police
department for procuring cameras should be looked into, as previous
non-functional projects have resulted in huge losses to the
exchequer. Moreover, the cost of the AI camera is exorbitant and not
in line with the market cost of such equipment or installation.
In light of these concerns, I strongly recommend that the functionalities of
these cameras be stopped until compliance with privacy and data
protection laws is ensured. The Government of Kerala must comply with
the Motor Vehicles Act 1988, Central Motor Vehicles Rules 1989, or Kerala
Motor Vehicle Rules 1989, and ensure that the use of AI cameras is
regulated by proper guidelines and regulations. The government should
also ensure that the data collected by these cameras is not misused and is
treated with utmost care. It is crucial that the Right to Privacy under Article
21 of the Indian Constitution is upheld, as this right is essential to the
dignity and autonomy of individuals.
In conclusion, I urge you to take immediate steps to address these
concerns and suspend the camera operations until compliance with privacy
and data protection laws is ensured. The protection of individual privacy is
of utmost importance, and it is imperative that the government takes
measures to safeguard this fundamental right.
Thank you for your attention.
Sincerely,
Joy Kaitharath
General Secretary