Privacy concerns are being raised over the Criminal Procedure (Identification) Bill, which was first introduced in the Lok Sabha on March 28 and passed in both the Houses in April, as it offers law enforcement authorities the power to gather biometric data.
The Bill seeks to replace the Identification of Prisoners Act, 1920, which authorises police officers to gather information (fingerprints and footprints) from those who have been convicted or arrested.
The new Bill expands the types of data that can be collected to include biometrics such as fingerprints, palm prints, footprints, iris and retina scans, as well as physical and biological samples (not defined, but could include blood, semen, saliva, etc.) and behavioural attributes such as signatures and handwriting (and possibly voice samples). This information can be kept by the police for up to 75 years.
The Bill was passed in the Lok Sabha on April 4, and the Rajya Sabha on April 6, after its initial introduction in March. The Bill will now be sent to the President for his approval. The Opposition leaders have protested against the Bill, terming it “illegal and draconian”.
This, according to critics, provides the authorities far too much personal information, at a time when the country doesn’t have data protection legislation.
Activists claim the new law is in violation of India’s Constitution and a landmark Supreme Court judgment from 2017, both of which guarantee citizens the right to privacy.
The Central government has defended it, stating the law will modernise policing and help solve crimes swiftly. As per the government, with this law, the conviction rate will increase.
Anyone who is arrested or detained is covered under the law. Even if a person is acquitted or never tried, a court or magistrate can compel the police to keep their records, it states.
There are also concerns over how the government will make sure that the collected data is protected.
Facial recognition technology and its use by governments or authorities are a concern across the world.
For example, during the pro-democracy protests in Hong Kong, the Chinese government deployed a tracking system using facial recognition technology to capture demonstrators. Because of this, protesters were seen wearing masks, covering themselves using umbrellas, avoiding public transport that needed ID proof and also in many cases, spray-painted CCTV cameras.
Separately, in the US, such technology is used to track down criminals and missing children, but biases in the algorithms can also lead to misidentification.
KEY FACTS
Resistance or refusal to provide data will be considered an act of impeding a public official from performing his duties under both the 1920 Act and the 2022 Bill.
It should be noted that according to the 2022 Bill, the information is stored in a central database.
The National Crime Records Bureau (NCRB) will be the central agency in charge of keeping track of the records. It will share the information with law enforcement agencies. Further, states or Union Territories may notify agencies in their respective jurisdictions to collect, preserve and share data.
The data would be deleted only after a person arrested for an offence is acquitted or discharged. The retention of data in a central database and its potential use in criminal investigations may also violate the necessity and proportionality standards.
The Bill allows gathering of personally identifiable information in the course of a criminal inquiry. Individuals’ right to privacy protects the information mentioned in the Bill, which is considered personal data.
However, while reviewing the 1920 Act, the Law Commission of India in 1980 noted the need for revision to bring it in line with modern trends in a criminal investigation.
The Expert Committee on Reforms of the Criminal Justice System (Chair: Dr Justice V. S. Malimath) recommended in March 2003 that the 1920 Act be amended to allow the magistrate to authorise the collection of data such as blood samples for DNA, hair, saliva and semen.
Read all the Latest News India and Breaking News here
Comments
0 comment