â–º I seek legal advice regarding an ungoverned CCTV system in a four-unit residential building. My concerns hinge on data security, privacy, and common property rights under the DPDP Act, 2023.
Current Issues (Lack of Governance)
Infrastructure Misplacement: The DVR/NVR and dedicated internet are kept inside one co-owner's private dwelling, not a common area.
Security Risk: The system uses an unregulated Chinese-based mobile application with no transparency on data storage, transfer, or jurisdiction.
No Agreement: We lack a formal agreement detailing:
Access protocols (DVR/NVR).
Data storage/retention policies.
Defined accountability (Data Fiduciary).
Privacy protection measures.
The Dispute
Owners recently proposed adding cameras to the Terrace. I objected, citing significant privacy risks and rights under the Digital Personal Data Protection (DPDP) Act, 2023. I have voluntarily excluded myself from the system and formally requested a Privacy Protection Undertaking from the other owners.
Questions
Legal Validity: Are my concerns regarding the non-common area housing of infrastructure and the use of an unregulated app legally valid, especially concerning common property rights?
DPDP Applicability: Do the co-owners collectively qualify as a Data Fiduciary under the DPDP Act, requiring adherence to principles like Reasonable Security Safeguards?
Enforcement Strategy: What specific legal steps can I take to compel the owners to:
Relocate the infrastructure to a secure common area.
Establish a formal CCTV Data Governance Policy.
I appreciate guidance on enforcing privacy protections in this shared property scenario.
10 views
0 answers
0 Answers
No answers yet. Be the first to answer this question!
Log in as a legal professional to answer this question.