Legal experts have expressed concerns over the use of AI-based surveillance cameras by the Kerala Motor Vehicles Department to detect traffic rule violations. The experts argue that the use of these cameras to record images of law-abiding citizens is a violation of their privacy rights. ‘The interiors of a private vehicle are private spaces. Images of a private space can be recorded only with the knowledge and consent of the persons concerned,’ said an advocate. According to an IT expert, the cameras currently installed cannot be considered true AI cameras, as they are recording all images without the ability to differentiate between legal and illegal driving.
The legal experts point to several laws that protect citizens’ privacy. For example, under Section 119(b) of the Kerala Police Act, photographing women without their consent is a crime that carries a sentence of up to three months and a fine of Rs 10,000. Similarly, Section 354(c) of the Indian Penal Code provides for imprisonment of up to three years for recording images of people engaged in legal activities in their private spaces without their awareness. Recording visuals in violation of privacy is also punishable under Section 67 of the Information Technology Act, 2000, and could lead to imprisonment of up to three years and a fine of up to Rs 2 lakh.
In the event that the cameras are found to be in violation of any of these laws, the MVD would be required to replace them, according to the legal experts.
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