Installation of CCTV in Offices of KVs.

F.CCTV/KEVINTSA/2016-17/                                 Date: 02.11.2016

To

The Commissioner                                             e-mail only

Kendriya Vidyalaya Sangathan                     URGENT PLEASE

Headquarter. New Delhi

Sub.: Installation of CCTV in Offices of KVs.

Ref.: Cases referred from KVS RO Hyderabad, Ahmedabad and RJCM minutes of Ahmedabad Region and KVS HQ Letter on installation of CCTV in KVS. No.11029/16/2014-KVS/Acad/Student’s Safety/ AEO (P)/ dated by 22.12.2014.

Sir,

          On the above subject it is really sorry to raise the issue again. The letters bearing the same concern has not yet addressed by your esteemed office which has compelled us to raise the issue of installation of CCTV in KVs / ROs again to your esteemed self for your personal intervention to the issue. The matter has been raised to the Concerned Deputy Commissioner (RO Hyderabad), Jt. Commissioner (Admn) but no response has been received from both the end so this letter has been marked for your kind decision to the issue.

          It has gone viral that Deputy Commissioners of various Region and many Principals are installing CCTV out of VVN Fund or elsewhere for the sake of interfering into the security and privacy of the office personnel and other staff members. The CCTVs are also installed in Staff rooms but it is sorry to state that KVS HQ has never acted on this issue. If at all Principals are bothered about the safety and security of the Office Staffs and staffs seating in the Staff rooms, the prime concern of security should be of Students. Then the security of Chief Official of the Kendriya Vidyalaya i.e the Principal and Vice Principal of a Vidyalaya should be taken care of.

Surveillance, which Principals are slapping on the staffs of KVS, means close observation of a person or groups especially the one who is under suspicion or the act or observing or the condition of being observed. Being a developing country, India has brought several changes into its policies on Information Technology and still a lot more changes needs to be done. With the growing IT sector, surveillance technologies has also been introduced such as internet surveillance, CCTV surveillance, telephone and e-mail id surveillance etc. Although, it is just a start and in future, maybe in 2-3 year, new technologies will be introduced, which leaves us to the question whether current Indian legal framework has provisions as to surveillance and whether the privacy of individual in India is secured. The article talks about different provisions under different statutes which allow government to conduct surveillance, various governmental bodies doing surveillance and right to privacy of individual in India.

Also, Right to Privacy bill, 2011[xiii] has been presented in the parliament and  an attempt has been made by government as to define privacy and under which circumstances the government has power to conduct surveillance and what shall be penalties as to misuse of such information obtained by the way of surveillance. Under this bill, the surveillance can only be granted by permission of Home Secretary, Ministry of Home Affairs, Government of India.

On October 27, 2009, the central government has passed Information Technology (Procedure and Safeguard for interception, monitoring and decryption of information) Rules, 2009[xiv] in which it was laid down that no person shall intercept, monitor or decrypt any information available on any computer resources except an order from Home Secretary or Joint Secretary, Ministry of Home Affairs has been obtained to do so. According to Rules, under Rule 4, it has been laid down that the central government has power to delegate such authority to intercept, monitor or decrypt any information on any computer resource to any agency.

Also, Information Technology (Procedures and Safeguards for blocking for access of Information by Public) Rules, 2009[xv] has been passed by parliament in order to block access of any information on any computer resource by public. According to Rules, the government has power to block any information whether generated, transmitted, stored or received or hosted by any computer resource for any reasons mentioned in section 69A of the Information Technology Act, 2000 i.e. sovereignty and integrity of India, defense of India, friendly relation with foreign state, security of state etc. The prime concern of any law on this globe is to benefit of the people and not for their misuse. About CCTV there must be no law for using them in the offices of KVs and Staff rooms which Principals are misusing their valuable time for watching their Office Personnel and Staffs sitting in the staff rooms. But the wrong acts which are being performed even in the Principals and other officers in their chamber remain unveiled.

Now, going away from blame game it is humbly submitted to intervene into the matter. KEVINTSA is also gravely worried about the recordings which have already been taken from the staff rooms and office where CCTVs has been installed and lady staff members’ seats to work or to take rest. Your kind decision would help settle the issue with ease.

                                                                            Yours faithfully

                                                                             

                                                                               [S.K.BISWAS]

                                                                            General Secretary

Ref.No. KEVINTSA/2/15-16/CCTV/Policy Matter/            Date: 20.09.2016

To

The Jt. Commissioner (Admn.)                                 e-mail only

Kendriya Vidyalaya Sangathan

New Delhi-110016.

Sub.: Installation of CCTV in Office.

Ref.: KVS HQ Letter on installation of CCTV in KVS No.11029/16/2014-KVS/Acad/Student’s Safety/ AEO(P)/ dated by 22.12.2014.

Sir,

          May I have the honour to draw your kind attention towards an important issue which is drawing our attention from couple of months. It has been intimated by some of the members that Principals of some KVs of Hyderabad Region (KV 2 Golconda and few others) and even in your esteemed office CCTV Camera has been installed for the surveillance of non-teaching staffs working in the office. In KVS CCTV camera has been instructed to be purchased exclusively for ensuring the safety of the students (under SOP).The above referred order issued by Jt. Commissioner (Acad.) , KVS HQ  on 22.12.2014.

       But it is a really sorry state of affair that many major stake holders in KVS holding the post of Principal are either unaware of CCS (Conduct) Rules GID (1) to be read under Rule 3(c) and also unaware of the verdict given by Hon’ble CAT Ernakulam regarding installing CCTV camera in Office. This is notwithstanding the fact that the observations of the Hon’ble CAT and Hon’ble High Court of Kerala in the matter, inter alia, of installation of CCTVs at KV I, Calicut and also several decisions of the Hon’ble Courts have held that the fundamental rights/privacy of an individual, including at place of work cannot be breached. DDO may be the prime person to take decisions for a limited period of time but cannot work as owner of the Vidyalaya. But most of the cases the DDOs treated themselves as owner and issue misleading instructions or inappropriate actions. In case he is bothered about the proper functioning of the Vidyalaya administration he should learn to obey KVS order much more meticulously. In the instant case he has literally defied the instructions issued on CCTV by KVS HQ New Delhi.  It is not only objectionable but amounts to denying human rights for freedom.

It is thus requested to issue necessary instruction to the Principal, KV No.2 Golconda in particular who is under your esteemed control so that CCTV may not breach the Privacy of any staff members, specially non-teaching staffs including the female staffs, working in the office/vidyalaya. CCTV in KVS has been approved for the safety of the students and installing them to the Office and Staff rooms will certainly defeat the purpose narrated under SOP orders. It is also requested to this effect issued immediately for circulation of one and all and also the DVD recorders/Hard Discs seized immediately, if installed in back up of CCTV, to avoid any misuse, as the images captured by CCTV are information which may have to be provided to citizens under the provisions of RTI 2005.

It is thus humbly submitted to issue necessary instruction to remove CCTV from the Regional Office Hyderabad and KV No.2 Golconda for the sake of freedom of the staffs. KEVINTSA has full faith on your judicious decisions, which ought to be taken, on the issue raised.

                                                                             Yours faithfully

                                                                 

                                                                   [S.K.BISWAS]

                                                                   General Secretary

Copy for information to:

1. Deputy Commissioner, KVS RO Hyderabad.-  As per KVS HQ letter under reference it is requested to direct the DDOs of KVs to use the fund and equipment for the purpose they have been purchased out of Student’s fund.
2. Jt. Commissioner (Pers.), KVS HQ New Delhi – As the cases of complaints on installing of CCTV in Office and Staff rooms are increasing it is earnestly requested to issue comprehensive directives in this regard to avoid all these unneeded correspondences.
3. Principal, KV No.2, Golconda – with an earnest request to remove the CCTV from the office and put the same for the safety of the students, for the purpose, which the same has been procured in the KV.
4. Regional Secretary-Hyderabad, KEVINTSA –for information.

                                                                              General Secretary

Ref.No. KEVINTSA/2/15-16/CCTV/Policy Matter/            Date: 30.08.2016

To

The Deputy Commissioner                                        e-mail only

Kendriya Vidyalaya Sangathan

Regional Office Hyderabad.

Sub.: Installation of CCTV in Office.

Ref.: KVS HQ Letter on installation of CCTV in KVS No.11029/16/2014-KVS/Acad/Student’s Safety/ AEO(P)/ dated by 22.12.2014.

Sir,

          May I have the honour to draw your kind attention towards an important issue which is drawing our attention from couple of months. It has been intimated by some of the members that Principals of some KVs of Hyderabad Region (KV 2 Golconda and few others) and even in your esteemed office CCTV Camera has been installed for the surveillance of non-teaching staffs working in the office. In KVS CCTV camera has been instructed to be purchased exclusively for ensuring the safety of the students (under SOP).The above referred order issued by Jt. Commissioner (Acad.) , KVS HQ  on 22.12.2014.

       But it is a really sorry state of affair that many major stake holders in KVS holding the post of Principal are either unaware of CCS (Conduct) Rules GID (1) to be read under Rule 3(c) and also unaware of the verdict given by Hon’ble CAT Ernakulam regarding installing CCTV camera in Office. This is notwithstanding the fact that the observations of the Hon’ble CAT and Hon’ble High Court of Kerala in the matter, inter alia, of installation of CCTVs at KV I, Calicut and also several decisions of the Hon’ble Courts have held that the fundamental rights/privacy of an individual, including at place of work cannot be breached. DDO may be the prime person to take decisions for a limited period of time but cannot work as owner of the Vidyalaya. But most of the cases the DDOs treated themselves as owner and issue misleading instructions or inappropriate actions. In case he is bothered about the proper functioning of the Vidyalaya administration he should learn to obey KVS order much more meticulously. In the instant case he has literally defied the instructions issued on CCTV by KVS HQ New Delhi.  It is not only objectionable but amounts to denying human rights for freedom.

It is thus requested to issue necessary instruction to the Principal, KV No.2 Golconda in particular who is under your esteemed control so that CCTV may not breach the Privacy of any staff members, specially non-teaching staffs including the female staffs, working in the office/vidyalaya. CCTV in KVS has been approved for the safety of the students and installing them to the Office and Staff rooms will certainly defeat the purpose narrated under SOP orders. It is also requested to this effect issued immediately for circulation of one and all and also the DVD recorders/Hard Discs seized immediately, if installed in back up of CCTV, to avoid any misuse, as the images captured by CCTV are information which may have to be provided to citizens under the provisions of RTI 2005.

It is thus humbly submitted to issue necessary instruction to remove CCTV from the Regional Office Hyderabad and KV No.2 Golconda for the sake of freedom of the staffs. KEVINTSA has full faith on your judicious decisions, which ought to be taken, on the issue raised.

                                                                             Yours faithfully

                                                                   [S.K.BISWAS]

                                                                   General Secretary

Copy for information to:

1. Commissioner, KVS HQ New Delhi.-  As per KVS HQ letter under reference it is requested to direct the DDOs of KVs to use the fund and equipment for the purpose they have been purchased out of Student’s fund.
2. Jt. Commissioner (Pers.), KVS HQ New Delhi – As the cases of complaints on installing of CCTV in Office and Staff rooms are increasing it is earnestly requested to issue comprehensive directives in this regard to avoid all these unneeded correspondences.
3. Principal, KV No.2, Golconda – with an earnest request to remove the CCTV from the office and put the same for the safety of the students, for the purpose, which the same has been procured in the KV.
4. Regional Secretary-Hyderabad, KEVINTSA –for information.

                                                                              General Secretary