Congress Leaders Approach Kerala HC Alleging Privacy Violation by AI Cameras

Congress member and leader of the opposition in the Kerala assembly, VD Satheesan, along with fellow congress leader and Member of Legislative Assembly Ramesh Chennithala, have jointly filed a petition in the Kerala High Court. They are seeking a court-monitored investigation into the Safe Kerala Project, which aimed to reduce road accidents by implementing an Automated Traffic Enforcement System with the use of Artificial Intelligence (AI) cameras throughout the State. The case is titled VD Satheesan MLA & Ors. v State of Kerala & Ors.

Under the project titled, “Automated Traffic Enforcement System for Safe Kerala”, the state Transport Department planned to install AI cameras across the entire state to detect and capture traffic violations, issuing notices to the violators accordingly.

The petition alleges that the process of awarding tenders for the installation of AI cameras was marred by “nepotism, favouritism and corruption including violation of privacy, a protected right as explained by the apex court in its judgment in Puttuswamy.”

The petitioner argued that the State government’s decision to entrust private entities with citizens’ personal information violated both the right to privacy and the provisions of the Motor Vehicle Act and Rules.

According to the petition, “The confidential and private data of the individuals including their driving license and other information from Vahan are left to the mercy of private operators who only eyes their profit margin. Hence the Exhibit-P27 order, which allows for the privacy of the people of the State be violated with impunity, by private companies is in violation of the right of Privacy which has been declared as a fundamental right by the Hon’ble Apex Court in Puttuswamy case.”

The petitioner also pointed out, “When the only authority to impose fines on the violators of traffic rules is the concerned officer in the Motor Vehicle Department, holding the rank of MVI or AMVI, as per the provisions of the Motor Vehicle Act and Rules, the said duty is now cast on the hands of private companies which will access private data of citizens, impose fines and also provide payment facility.”

The petitioners argued that the transfer of power from statutory authorities to private companies is inherently illegal, rendering the fines imposed by these companies unenforceable under the law.

They further alleged that the Safe Kerala Project was mired in corruption right from its inception. The work order was issued to a State government company called KELTRON, despite serious objections raised by the finance department regarding their capability to execute the project. Subsequent tenders and the sub-leasing of the SLA (service-level agreement) to SRIT India Pvt. Ltd and Presadio Technologies Pvt. Ltd. were also tainted by corruption, according to the opposition leaders’ claims. As a result, they argued that a court-monitored investigation is necessary, particularly since both state and central investigating agencies have seemingly turned a blind eye to the matter.

The plea also stated, “Unfortunately, the investigating agency of the State is under the command and control of persons who are the beneficiaries of the transaction. Since the corruption is conducted at the top echelons of power, the State Police is completely helpess in the matter. The Central agencies which would have been a natural choice have demonstrated that they will not take any investigation in a route that will harm the current State Government.”

The petition raised additional concerns that the government prematurely implemented outdated technology, leading to a squandering of public funds.

Based on these grounds, among others, the congress leaders have requested a court-monitored investigation into the project. Their objective is to “protect public money and to deter the current dispensation from copying the same pyramid pattern in other projects (which is already happening, e.g. Kfone)”.

Advocates Nisha George, J Vishnu, Arun Chandran, AL Navaneeth Krishnan, and Sidharth R Wariyar are representing the petitioners in this matter.