Compliances to be ensured under Indore Community Cameras (Surveillance) Bye-laws 2024
The Indore Community Cameras (Surveillance) Bye-laws 2024 were notified by the Government of Madhya Pradesh on September 12, 2024. The by-laws are applicable to all establishments within the city limits of Indore Municipal Corporation.
Applicability
The Provision of the By-laws is applicable to all establishments as defined therein.
The term “Establishment” refers to any location that falls under any of the below-mentioned criteria:
- likely to be frequented by large numbers of people, specifically gatherings of 100 individuals or more, or
- Has an area of 1500 square feet or greater, or
- All entry and exit points of residential areas like townships, housing societies, and gated colonies or Groups of shops that could become crowded or any temporary establishments like conventions or events organized by various groups, capable of attracting more than 1000 people, including rallies and festivals
This classification is decided by the Monitoring and Control Committee, which may also designate additional types of establishments under these bylaws.
Key Features
- CCTV Installation: The by-laws mandate the installation of CCTV cameras to have a proper surveillance system in place by all the Establishments as defined under the law.
- Annual Return : Establishments must file annual returns certifying compliance with public safety measures and the operational status of relevant equipment to the Implementation Committee having jurisdiction.
- Penalties: The establishments in non-compliance will have to face penal consequences under the law.
- Joint Ownership: If there are multiple owners of commercial establishments, the by-laws advise them to form a Sectoral Committee to ensure the compliance of the CCTV guidelines and ensure public safety measures are in place.
Compliances on the part of Establishments:
- Video Recording must be saved in the format specified for 30 days, ensuring 24×7 connectivity of CCTV. The establishment shall ensure that CCTV cameras operate 24×7 throughout the year. Any CCTV system maintenance or outages must be reported to the Implementation Committee in advance.
- There shall be clear signage stating “the area is under CCTV surveillance” and contact information of concerned authorities for complaints. This is to ensure transparency.
- CCTV cameras must be placed in a direction that covers all entry, exit, and parking areas of the establishment.
- Establishments must file annual returns certifying compliance with public safety measures and the operational status of relevant equipment to the Implementation Committee having jurisdiction.
- Use of Video Recordings shall be restricted to law enforcement, security, and investigation purposes. Misuse of data/information collected will result in legal action. This is to ensure Data privacy and confidentiality. Only Authorised Access shall be given to CCTV data in a strictly controlled manner. Further, the record of authorized access shall be maintained. Information collected is only disclosed to government agencies with legal authority for preventive or investigative purposes.
- Owners shall ensure all the public safety measures are in place.
- CCTV cameras and components must meet standards specified by the Competent Authority.
- Establishments must support periodic auditing of the CCTV system.
- Any Security breaches or criminal incidents must be reported within 24 hours.
Compliance and Penalties
Any non-compliance under these regulations may result in penal consequences under various Information Technology and Data Protection laws, including fines determined by the Competent Authority.
Conclusion
These provisions reflect the government’s commitment to public safety, requiring stringent operational standards for CCTV systems within establishments. Establishments must adhere to several critical guidelines to ensure public safety, primarily focusing on the use of CCTV systems.
These by-laws ensure not only the security of premises but also the protection of individual rights and data privacy.
Disclaimer: This is an effort by Lexcomply.com, to contribute towards improving compliance management regime. User is advised not to construe this service as legal opinion and is advisable to take a view of subject experts.