LAHORE: The Lahore High Court on Thursday appointed an amicus curiae in a public interest petition against secret filming, recording or photographing of individuals, especially women, both at private and public places without their knowledge or consent.

Salman Sufi, a social activist who works for women empowerment and gender reforms in particular, had filed the petition in 2019 in the wake of multiple incidents of blackmailing of women through release of CCTV footage or secretly filmed videos.

On Thursday, Advocate Anas Mashood submitted that there were various incidents wherein the owners/staff of internet cafes or cinemas secretly recorded videos or photos of the activities of their customers by using night vision cameras or CCTV cameras.

He said the perpetrators uploaded the videos on websites or leaked to the general public through CDs/social media, which resulted in loss of life of many people but the culprits had not yet been identified, rather no stern action had been taken against them.

The counsel argued that the cybercrimes/online offences against the privacy of individuals grew every day which infringed the inviolable right of dignity of the citizens protected and guaranteed under Article 14 of the Constitution. He referred to Article 8 of the European Convention on Human Rights, which provides a right to respect for one’s private and family life, his home and his correspondence, subject to certain restrictions that are in accordance with law and necessary in a democratic society.

After hearing the arguments, Justice Jawad Hassan appointed Barrister Asad Raheem as amicus curiae to assist the court on the matter and allowed time to the respondents to file their replies by Jan 12, 2022.

Sufi in his petition pleads that the right of privacy, especially pertaining to personal information, is inherently compounded and recognised in the laws of Pakistan, but due to a lack of specific attribution it remains dormant with tacit ascriptions in other laws resulting in deprivation of liberty and dignity for the citizens.

He asks the court to declare that the installation and operation of CCTV cameras at any place accessible to the general public without displaying proper notice or signage of the surveillance is unconstitutional and amounts to breach of privacy.

Published in Dawn, December 17th, 2021

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