Mass Use of CCTV Camera and Right to Privacy: A Critical Analysis

Abstract

The present study will focus on the observation of people in public areas by public authorities, performed by means of Mass Use of CCTV Camera tools, irrespective of the type of video tools used, whether they are connected to a network or not, and whether the data collected are registered or not. The court agreed that hypothetical interests would not satisfy but in this case the requirement of a present and effective interest is satisfied given the instances of theft and vandalism prior to the installation of the CCTV. However, as the Constitution of the People's Republic of Bangladesh says in that no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law, it is clear that our Constitution guarantees our right to reputation which is closely associated with the right to respect for privacy. Problem remains as no specialised Cyber Tribunal having jurisdiction to try such offences under this Act has yet been established. To what extent the Court of Session Judge is suitable to try such offence is questionable considering the technological dimension of the offence. In that context, Mass Use of CCTV Camera performed by private operators and surveillance at private places performed by public authorities also deserves to be studied. However, that implies different legal issues and will be dealt with in a forthcoming opinion of the Venice Commission. In order to define the scope of the study, a definition of the terms and concepts concerned is necessary. It is hard to believe that there are no substantial laws in Bangladesh regulating the use of CCTV or any other technological devices used for security purposes in today's time. In absence of relevant legal provisions within the country, it is desirable to have a look at what laws and regulations are provided by other countries. In so doing, the undeniable relation between use of CCTV and right to privacy will be observed.