Consent and lawful basis
Does CCTV need consent under DPDP?
- Short answer
- Not usually consent, but it does need a lawful basis and a notice. Consent is impractical for a camera at an entrance, so most operators rely on a legitimate use where one genuinely fits, and give clear notice at the point of collection.
Asking every person entering a building to give free and specific consent to being filmed is not workable, and consent that cannot realistically be refused is not free.
Where surveillance covers employees, the employment legitimate use may carry it where the monitoring is genuinely necessary for employment purposes or to safeguard the employer from loss. That is a narrower path than a general security interest.
Whatever basis you rely on, the practical expectations are the same: visible signage, a stated purpose, a retention period, restricted access, and no covert cameras in private areas.
Where this comes from
- Section 5 and Section 7, DPDP Act 2023
- Rule 3, DPDP Rules 2025
The mistake people make
Putting up a camera and no sign, then relying on the idea that filming in a public area needs no basis at all.