ECI’s new data policy under scrutiny after 2024 poll footage destroyed

The Election Commission of India (ECI) has informed the Delhi High Court that CCTV and video recordings from polling stations during the 2024 Lok Sabha elections in Delhi have been destroyed in accordance with its updated data retention policy. The statement was made during a hearing before Justice Mini Pushkarna on a petition filed by Advocate Mehmood Pracha, who had sought the preservation of all election-related video material.

Representing the ECI, Senior Advocate Sandeep Sethi said the footage was discarded under revised guidelines issued on May 30, 2025, which limit the retention of CCTV visuals, webcasting data, and polling day photographs to 45 days, unless an election petition is filed contesting the result. Once the period lapses without such a petition, the District Election Officers (DEOs) are required to delete the data. “The footage sought by the petitioner is no longer available with the DEOs and has already been destroyed,” the ECI’s counsel told the court, adding that the new policy aims to curb misuse of polling visuals on social media by individuals not involved in the electoral process.

Advocate Pracha, appearing in person, contested the ECI’s position, arguing that the footage should have been preserved since his plea was already pending before the High Court. He referred to Paragraph 19.10.4 of the ECI’s 2023 Handbook for Returning Officers, which requires video recordings to be retained when any election-related complaint or legal proceeding is underway. He also cited a Supreme Court order dated August 20, 2024, which had permitted him to approach the High Court regarding alleged irregularities in the elections.

The ECI, however, maintained that its actions were lawful and aligned with the May 2025 circular, which superseded previous instructions.

Justice Pushkarna, noting arguments from both sides, declined to grant interim relief, observing that the petitioner had not challenged the validity of the May 2025 circular. The matter will be heard next on February 13, 2026.

Pracha has reserved the right to pursue further legal remedies regarding the alleged destruction of the election footage.

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The destruction of polling station CCTV footage is not new, but the timeline and process have changed significantly in recent years. Previously, the ECI’s instructions allowed retention of election recordings until the completion of all legal proceedings or election petitions, ensuring availability for scrutiny or audit if required.

However, the May 2025 revision shortened this window to 45 days, a move the ECI said was aimed at protecting data integrity and reducing risks of unauthorized use of polling visuals online. Under the new system, once this retention period ends and no official challenge is filed, deletion of all related media becomes standard practice for election officers.

Critics and legal experts argue that the shorter retention period may compromise transparency in the electoral process, especially when litigation or complaints are already pending. Election law specialists point out that video footage serves as key evidence in verifying allegations of booth-level irregularities and ensuring the credibility of the electoral process.

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In past elections, requests for CCTV and webcasting footage have surfaced multiple times. After the 2019 Lok Sabha elections, several candidates across states including Uttar Pradesh and Maharashtra sought access to booth-level video recordings, alleging irregularities. In most cases, the ECI retained the footage until all petitions were settled, following earlier retention policies.

During the 2014 general elections, too, the Commission had directed that all poll-related video recordings be preserved for at least six months to allow candidates to file election petitions. Those practices, however, have since evolved with the rise of digital archiving challenges and privacy considerations.

The new policy marks a shift toward short-term data retention, balancing transparency with data protection concerns but it also leaves open questions about judicial access to crucial electoral evidence in ongoing disputes.