The society, I reside in, has started using a third-party application (myGate) to record visitor information. This information includes photo of the visitor, mobile number, detailed purpose of the visit, to the extent which includes details of services like Amazon/Flipkart/Uber/Avis. I have not authorised the RWA to collect and share these details with a third-party who probably can later use this information as they please. And, also there is no mention of retention policy as well. Is this legal? If not, can I initiate a legal action against RWA, myGate and the society maintenance firm (Knight Frank). What would be the advised process.
Dear Sir,
- You are advised to cross-check the maintenance agreement and BBA to understand the terms and condition pertains to RWA authority.
- In case RWA has taken this step with due course of its responsibility and authority as per agreement, you can not do anything as they might share the prior consent to act in favour of residents safety and security.
Regards
Vivek Arya
I can certainly check the maintenance agreement. However my questions is primarily focused upon "sharing information with third-party". This was not even in place when I moved in. This is new, hence it can't be part of the agreement. Also, in the larger context of IT act and privacy. How can a society collect pictures of visitors and then give access to these to a third-party company?
Dear Sir,
- IT Act is different, you can context your point on privacy breach provided you have some evidence in hand that third party has shared it or misused it.
- Initially level, you can cross check with RWA the reason to authorize. It will help you to build up the case and understand their point of view. Later, if needed a complaint can be filed directly with magistrate having jurisdiction of your area on the same ground as mentioned above.
- Generally, RWA allows such access in lieu of some other benefits i.e free app, free bees in terms of maintenance etc.
Regards
Vivek Arya
If the security services are hired from third party based on the authorisation from the members in general body meeting you can not make any objection to this collection of visitors data collection.
You may raise your objection in general body meeting if other members do support your idea as the security of resident is the prime objective and the society/ service provider may collect the visitors data and this is not illigaliat all.
For any unauthorized act of RWA may be objected by filing complaint with other members to the registrat of societies for direction.
There must be resolution passed in AGM to engage services of agency to record visitor information
check RwA records whether any such resolution has been passed or not
also check maintenance agreement signed with the firm
Information can be shared if so authorised by AGM
If the activity of the RWA in this regard is not liked by you and you feel insecure by such activities,you may instruct them to not to collect such information without your permission.
If they dont listen to your request, you may issue a legal notice on this subject of concern and instruct them to refrain from indulging in such activities or else you would be constrained to move court of law for getting a stay at their costs and the consequences will be faced by them.
If the procedures followed by them is not prescribed in the maintenance agreement or it is not finding a mention in the bye laws of the association, you may object to this and agitate on this by sending a legal notice to the association as suggested in the previous post.
You my consult an advocate in the local and discuss the subject matter at length before taking any decision in haste.
They can't share your information with third party without your consent. It against right to privacy
Practically No, unless the same is exclusively mentioned or agreed upon between the members and cooperative society. Also, Legally they have no rights to engage a third party for communication and data exchange as in such case the cooperative ends up being an agent between the owners and third party. The Idea of engaging a third party can be for a specific task or role which is beyond the scope of cooperative. Please follow the agreement/contract between the cooperative and owners.
