Team Code:INMC8

BEFORE THE HON’BLE APEX COURT AT,CHANDIPUR,

INDIANA

Application under Article 226 of the Constitution of Indiana

Case no:

In the matter of:

Citizens for Privacy Rights(CPR) ………………. Petitioner

V.

1.The Government of New Chandipur ………………. Respondent No.1

2.TechGen Solutions Pvt. Ltd. ………………. Respondent No 2

The Memorial on behalf of the Respondent

UPON SUBMISSION TO THE HON’BLE CHIEF JUSTICE AND

HIS COMPANION JUSTICES OF THE HON’BLE APEX COURT
OF CHANDIPUR
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 Table of Contents

Content Page No.

Index of Authorities 3
Case Reference 4
Statement of Jurisdiction 5
Statement of Facts 6-7
Issues Raised 8
Summary of Arguments 9-10
Arguments Advanced 11-13
Prayer 14
Verification 15

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 INDEX OF AUTHORITIES

Books Referred:
1. The constitution of India by Buddham Publishers.
2. Professional’s: The Constitution of India (Bare Act).
3. V.N. Shukla’s Constitution of India.
4. Laxmikant: Indian Polity.

Websites Referred:
1. https://byjus.com/free-ias-prep/right-to-privacy/

2. https://www.drishtiias.com/daily-news-analysis/right-to-privacy-right-to-be-forgotten

3. https://youtu.be/7Jqrat3-0OA?si=TLaNJKYDACH2nZiK

4. https://youtu.be/lQOYoEir-Z4? si=pyATnpwK3BWJm7RE

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 CASE REFERENCE

1. Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors. ( 2017 )

2. MP Sharma v Satish Chandra (1954)

3. Kharak Singh v State of Uttar Pradesh (1962)

4. ADM Jabalpur v. Shivkant Shukla (1976)

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 STATEMENT OF JURISDICTION

The Hon'ble Apex Court of Chandipur has the jurisdiction to hear the instant matter under
Article 226 of the Constitution of Indiana regarding a new initiative taken by The
Government of New Chandipur , called “Smart City 2030 " to modernize the infrastructure
and improve public services through the use of advanced technology with CCTV cameras
equipped with facial recognition technology and also with regarding the interpretation and
limitations of individual's right to privacy mentioned on Article 21 of the Constitution .

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 STATEMENT OF FACTS

1. In the fictional city of New Chandipur, the government has launched a new initiative called
“Smart
City 2030” aimed at modernizing infrastructure and improving public services through the
use of
advanced technology.
2. As part of this initiative, the government has partnered with a private technology company,
TechGen Solutions Pvt. Ltd., to implement a comprehensive surveillance system
encompassing CCTV
cameras, facial recognition software, and data analytics algorithms.
3. Under this system, CCTV cameras equipped with facial recognition technology have been
installed
throughout the city, covering public spaces such as streets, parks, and government buildings.
4. These cameras capture footage round the clock, and the facial recognition software
analyses the
images to identify individuals and track their movements.
5. TechGen Solutions Pvt. Ltd. has also developed a mobile application called “CityWatch,”
which
allows residents to report incidents directly to law enforcement and access real-time updates
on
crime and public safety.
6. To use the application, users must grant access to their location data, which is collected and
stored
by TechGen’s servers.
7. Concerns about the potential invasion of privacy and misuse of personal data have been
raised by
civil rights groups and privacy advocates.
8. They argue that the mass surveillance system and data collection practices infringe upon
the
fundamental right to privacy guaranteed by Article 21 of the Indianan Constitution.
9. Additionally, there are concerns about the lack of transparency and oversight in the

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implementation of these technologies.
10.Considering the magnitude of the issues at hand Citizens for Privacy Rights (CPR), has
filed a PIL
before the Hon’ble Apex Court of Chandipur.
11.The Hon’ble court has framed the following issues and has scheduled 10th April 2024 as
the date
for the hearing.

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 ISSUES RAISED

1. Does the mass surveillance system implemented under the Smart City 2030 initiative
violate the right to privacy under Article 21 of the Indianan Constitution?
2. Are the data collection practices associated with the CityWatch mobile application
consistent with the principles of privacy and data protection?
3. What are the potential implications of allowing private companies like TechGen Solutions
Pvt. Ltd. to collect and store sensitive personal data of citizens?
4. What measures, if any, may be taken to ensure transparency, accountability, and oversight
in the use of surveillance technologies by the government and private entities?

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 SUMMARY OF ARGUMENTS

Q1. Does the mass surveillance system implemented under the Smart City 2030 initiative
violate the right to privacy under Article 21 of the Indianan Constitution?

No, it is not violating the right to privacy under Article 21 of the Constitution.Our Smart City
2023 is only made for the purpose of public safety and making the city more smart.The
CCTV cameras equipped with facial recognition
technology have been installed throughout the city, covering public spaces
such as streets, parks, and government buildings. We are not covering any individual's
personal space like house , office , flat. We only surveillancing the mentioned public places
for the safety of public and to make the city more advance and crimeless and safest.

Q2. Are the data collection practices associated with the CityWatch mobile
application consistent with the principles of privacy and data protection?

We are not forcing people to use the

CityWatch, the people who actually want to upgrade themselves, must use the watch
,it allows residents to report incidents directly to law enforcement and access real-time
updates on crime and public
safety. So we are suggesting people to use it but those who are not interested are not
forced.The people who will use it , will use it by their own decision. And Another thing we
dont have any bad intention and we are not misusing anyone's data , we have a very good and
clear intention to make the city advance.

Q3. What are the potential implications of allowing private companies like TechGen
Solutions Pvt. Ltd. to collect and store sensitive personal data of citizens?

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Government has many more duties

towards the county. That's why the government have partnered with a private
technology company, TechGen Solutions Pvt. Ltd., to implement a comprehensive
surveillance system encompassing CCTV cameras, facial recognition software, and data
analytics algorithms.And we have to keep in mind that Government will not go away leaving
all the datas to this company , the government will always have control in the protection of
personal datas of citizens.

Q4.What measures, if any, may be taken to ensure transparency, accountability, and oversight
in the use of surveillance technologies by the government and private entities?

The Hon'ble court may appoint an independent investigation team to inquiry and ensure
transparency, accountability,

and oversight in the use of surveillance technologies by the government and private entities.
Also if anyone having any doubts of misusing their personal datas they can approach to the
court of law and file case against government and the company. Our government is honest
and have good intentions that's why government is ready to face any kind of challenges
regarding this.

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 ARGUMENTS

1. Doctrine of proportionality in case of K S Puttaswamy v. Union of India, 2017

In this judgment where right to privacy is considered by 9 judges of Supreme Court, it was
told that If a person's privacy is violated, the government can do as much as it needs to
accomplish government's intentions. This reference was taken from the doctrine of
proportionality. So according to this logic, when the government is surveilling individuals
with CCTV cameras equipped with facial recognition technology and identify individuals and
also tracking their movements for safety purposes , the government can breach the right to
privacy. Also in that judgment it was mentioned that The Right to Privacy could be infringed
upon only when there was a compelling state interest for doing so.

Here government have the interest on modernizing infrastructure and improving public
services through the use of advanced technology - the Smart City 2030 project. So
government should not be stopped as per the judgment of this case.

2. Here the government have a good intention about modernizing infrastructure and
improving public services through the use of advanced technology , then what is the problem
of CPR ! In the section 81 of IPC - Nothing is an offence merely by reason of its being done
with the knowledge that it is likely to cause harm, if it be done without any criminal intention
to cause harm, and in good faith for the purpose of preventing or avoiding other harm to
person or property.

Here government want to prevent crimes by using of CCTV cameras, he can track the
movements of any criminal in the city and also by face recognition it will be very helpful to
reach and catch the criminal. This is a very good initiative taken by government. He has a

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pure good intention over it. He want to make the city safest by advanced technology. There is
no offense untill someone's privacy is misused.

3. The government is not installing cameras in anyone's house or room or flat or any personal
space for which someone's privacy will be anyone's violated. The camera will only be
installed on public spaces such as streets, parks, and government buildings. In today's
generation it is common to have CCTV cameras on roads or any government building or any
confidential place for safety and security purposes. If government had the intention to misuse
anyone's private then government could do it before. If you want to make yourself and your
city better, if you want to upgrade, the government should take such initiatives and we should
not stop the government.You can easily share your personal data and location to Facebook
and Instagram and other online applications But what is your problem when the government
is taking your personal data for a good initiative ! There is no problem in supplying personal
data to foreign countries but there are problems in providing personal data to the government
of our own country for the betterment of the country !

4. TechGen Solutions Pvt. Ltd. has also developed a mobile application called “CityWatch,”
which allows residents to report incidents directly to law enforcement and access real-time
updates on crime and public safety. The CityWatch mentioned here is not being forced to be
used by government. The person who will like to use it , will use it and the person who will
not like to use it will ignore it.When we use Ola uber, they see our personal data like live
location , We all do it willingly and willingly share our live location or privacy with others.In
the case of K S Puttaswamy v. Union of India, 2017 , The Supreme Court, in its final
judgement on Aadhaar upheld the validity of it and further stated that the Aadhar Act does not
violate the right to privacy when a person agrees to share his biometric data .At this logic the
person who will use this citywatch for their safety purposes. They are consenting to share
their live location and movement and personal data with the government and the company
then it is not falling under the violation of privacy which is guaranteed under article 21 of
Indiana Constitution.

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5.And the government has no intention of violating anyone's privacy, the government's
intention is to modernize the city And if there is any crime, it is being arranged how the
criminal can be tracked as soon as possible by the advanced technology and make sure that
there is no crime in the city. We all want to get good facilities but to get good facilities some
things have to be compromised.

6.And on that project there is a system by which the face will be recognised. Suppose a man
did the bank robbery and he ran away. So by the face recognition the government will get all
the information of the criminal. And it will be very easy to catch the Criminal by the face
recognition system. Where government on to give protection to the people of the city they are
running a of it and they are ignoring the system. These initiative is taken for protecting the
people not damaging the people this thing need to be understand.

7.At the very first after independence in the constitution there was a provision that right to
property is a fundamental right under Article 19(1)(f) .Originally, the right to acquire, hold,
and dispose of property was one of the fundamental rights enshrined in Article 19(1)(f) of the
Indian Constitution. However, the 44th Amendment Act of 1978 removed this right from the
list of fundamental rights and placed it under Article 300A as a constitutional right.

The shift from a fundamental right to a constitutional right means that the right to property is
no longer enforceable through the Supreme Court under Article 32. It can only be enforced
through a High Court under Article 226. This change was made to balance the individual’s
right to property with the state’s need to acquire property for social welfare.

Then if right to privacy is removed from fundamental right for the welfare of the society then
why right to privacy will be not compromised for developing our city !

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 PRAYER

It is, therefore, most respectfully prayed that this Hon’ble court may be pleased to:

A. Allow Government to fulfill the initiative called “Smart City 2030” aimed at modernizing
infrastructure and improving public services through the use of advanced technology.

B.Immediate rejection the application of petitioner.

C. Grant the permission of installing CCTV cameras equipped with facial recognition

technology have been installed throughout the city, covering public spaces such as streets,
parks, and government buildings.

D. Allow to identify individuals and track their movements for making the city safest and
crime free.

F. TechGen Solutions Pvt. Ltd. Is not guilty of violating the right to privacy.

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G. Don't impose ban on CityWatch

VERIFICATION

This is to verify that the law applied, the authorities cited and argument advance in the

memorial is best of substantive and procedural knowledge of law by the respondent and all

the pleading taken up by the council are fully acknowledged by him.This verification is based

on requirements of the moot court exam in University of Engineering and Management,

Kolkata.

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