CCTV Data from Polling Stations Can Be Shared Only with High Courts: CEC Gyanesh Kumar

Chief Election Commissioner Gyanesh Kumar on Monday asserted that CCTV footage of polling stations can only be shared with high courts, saying giving such electronic records to the public breaches the privacy of voters.

He said webcasting footage of voting is akin to Form 17A, which is not shared with political parties to protect the identity of electors who voted and did not cast a ballot.

Responding to a question at a press conference to announce the schedule of the Bihar assembly elections, Kumar said such footage is shared by the concerned high court where an election petition is filed against the result of a particular poll.

According to the conduct of election rules, Form 17A, which carry the names of electors who have voted at the polling station, is not shared with anyone except the courts.

The CCTV footage of voting centres is considered an electronic extension of the form and is not shared to protect the identity of those who voted and those who did not.

CEC Kumar said such information can be used against electors.

He recalled that some petitions were filed in the Bombay High Court seeking such footage but it was rejected, citing a previous Supreme Court order. Subsequently, the top court too had upheld the order of the Bombay High Court.

In December last, the government tweaked an election rule to prevent public inspection of certain electronic documents, such as CCTV camera and webcasting footage as well as video recordings of candidates to prevent their misuse.

Based on the recommendation of the Election Commission, the Union Law Ministry amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict the type of "papers" or documents open to public inspection.