wordpress blog stats
Connect with us

Hi, what are you looking for?

, , ,

Academics call for guidelines to govern seizure of personal devices: Report

A group of five academicians and researchers filed a petition in the Supreme Court seeking guidelines to govern the seizure and examination of personal digital devices and their contents by investigation agencies in the country, Bar and Bench reported on Monday. The petitioners argued that tampering with or damaging research data can result in a considerable and irreplaceable loss.

The Supreme Court has agreed to look into this plea and directed the Central government to respond within four weeks. It also sought more information on guidelines issued by other countries on this subject matter.

The petition was submitted by Ram Ramaswamy, former JNU professor, Sujata Patel, professor at Savitribai Phule Pune University, Madhava Prasad, professor of Cultural Studies at the English and Foreign Languages University, Mukul Kesavan, professor of Modern Indian history at Jamia Millia Islamia, and Deepak Malghan, theoretical ecological economist.

The petitioners argued that investigative agencies like the Central Bureau of Investigation (CBI) and National Investigation Agency (NIA) have unguided power to take possession of devices that “contain much if not all of a citizen’s personal and professional life”. In the recent past, several such devices have been seized from people from the academic field, the report added.

“The academic community does and stores its research and writing in the electronic or digital medium, and the threat of damage, distortion, loss or premature exposure of academic or literary work in the event of seizure of electronic devices is considerable,” the petition stated.

The plea states that currently device seizures are only substantiated with a memo merely mentioning the device has been seized and does not provide any details on what information is sought from the device given that such personal devices usually contain a trove of information, much of which would not be of concern to the investigating agency.

Advertisement. Scroll to continue reading.

Apart from the Central Board of Direct Taxes’s manual referencing this subject, no one, including the CBI,  NIA, or police have any protocol regarding this subject, the petition stated.

The petitioners further told the court that a copy of the content seized must remain with the accused in a form that cannot be modified. The petitioners cited Article 15(1)(c) of the International Covenant on Economic, Social and Cultural Rights ratified by India, which binds parties to protect the moral and material interest in any scientific, literary or artistic work, to support their plea.

Also Read

Written By

MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.

Views

News

The DSCI's guidelines are patient-centric and act as a data privacy roadmap for healthcare service providers.

News

In this excerpt from the book, the authors focus on personal data and autocracies. One in particular – Russia.  Autocracies always prioritize information control...

News

By Jai Vipra, Senior Resident Fellow at Vidhi Centre for Legal Policy The use of new technology, including facial recognition technology (FRT) by police...

News

By Stella Joseph, Prakhil Mishra, and Yash Desai The Government of India circulated proposed amendments to the Consumer Protection (E-Commerce) Rules, 2020 (“E-Commerce Rules”) which...

News

By Rahul Rai and Shruti Aji Murali A little less than a year since their release, the Consumer Protection (E-commerce) Rules, 2020 is being amended....

You May Also Like

News

Rajesh Kumar* doesn’t have many enemies in life. But, Uber, for which he drives a cab everyday, is starting to look like one, he...

News

By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...

Advert

135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...

News

Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...

MediaNama is the premier source of information and analysis on Technology Policy in India. More about MediaNama, and contact information, here.

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ

Subscribe to our daily newsletter
Name:*
Your email address:*
*
Please enter all required fields Click to hide
Correct invalid entries Click to hide

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ