Editorial: Protect privacy rights

While modern technology is an effective tool in criminal investigation, one must not lose sight of the dangers of violating the personal space of individuals and undermining their fundamental rights while using these tools in solving crimes. The Criminal Procedure (Identification) Bill, 2022, introduced in the Lok Sabha recently, breaches the thin line between inviolable […]

While modern technology is an effective tool in criminal investigation, one must not lose sight of the dangers of violating the personal space of individuals and undermining their fundamental rights while using these tools in solving crimes. The Criminal Procedure (Identification) Bill, 2022, introduced in the Lok Sabha recently, breaches the thin line between inviolable privacy rights and the state’s legitimate interests. The proposed law allows the police to collect biological samples, irrespective of the consent of the accused, as part of investigations. Such sweeping powers bestowed on government agencies could amount to violating Article 21 of the Constitution and the fundamental rights of the citizens. The proposed law, which ostensibly provides a legal framework for investigative agencies to use modern techniques and technology to solve crimes, is problematic, particularly in the absence of a data protection framework that is long pending. The amendments raise questions over the risks of profiling as they authorise the police and prison authorities to collect, store and analyse physical and biological samples, including retina and iris scans. The Bill redefines ‘measurements’ to allow the police to take iris and retina scans, photographs, finger impressions, palm-print impressions, footprint impressions, physical and biological samples, and their analysis. Moreover, it will also allow the police, starting from the rank of head constable, to collect behavioural attributes including signatures and handwriting, which don’t have a sound scientific basis. Several provisions in the Bill are so broad and vague that they raise fears over gross misuse of the law in the name of crime investigation and social profiling.

The implied use of force to take ‘measurements’ violates the rights of the prisoners as clearly laid down in a series of judgements given by the Supreme Court in the past. Opposition parties and civil society groups have been raising objections over the provisions allowing officials to collect ‘measurements’ regardless of the consent of the individual concerned. In the absence of clarity as to how the administration intends to prevent any abuse of the collected data, the Bill is also seen as a violation of the fundamental right to privacy. While the phrase ‘biological samples’ is not elaborated further, it could involve bodily invasions such as drawing of blood and hair, collection of DNA samples. These are acts that currently require the written sanction of a magistrate. The proposed law casts a wide net in terms of those whose data can be collected. Any encroachment on personal space must pass the test of constitutionality as laid down by the apex court which had declared privacy as a fundamental right. Though the Central government has claimed that the proposed law was part of efforts to upgrade crime-solving technology in line with global standards, it needs to iron out the ambiguities in the law without any delay.

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