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Summary: Criminal Procedure (Identification) Bill, 2022

The bill proposes to collect biometric data from anyone arrested, raising concerns that it might be used to target dissenters.

"If any person who is required to allow the measurements to be taken under this Act resists or refuses to allow taking of such measurements, it shall be lawful for the police officer or prison officer to take such measurements in such manner as may be prescribed," according to the Criminal Procedure (Identification) Bill that was introduced in the Lok Sabha by Ajay Misra Teni, the Minister of State for Home Affairs on March 28. Besides repealing the Identification of Persons Act, 1920, this bill increases the powers of law enforcement agencies and courts with regard to the processing of biometrics, DNA samples, and other data of criminal offenders, dubbed as 'measurements' in the bill. Opposition members of Parliament opposed its introduction on grounds that it would violate the Right to Privacy as laid down in the Puttaswamy judgement, and that it could lead to custodial violence among other objections. But with 120 ayes and 58 nos, the bill was cleared to be tabled. Government projects such as the National Automated Facial Recognition System (NAFRS) and National Intelligence Grid (NATGRID) are already in the works. This bill may be seen as an attempt to legitimise such projects since any measures for data collection promulgated by the government needs to be backed by law as per the Puttaswamy judgement. What data will be collected? The "measurements" specified in the bill are: Finger-impressions Palm-print impressions Foot-print impressions Photographs Iris and retina scans Physical samples Biological samples The analysis of these samples, behavioural attributes including…

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I cover health technology for MediaNama but, really, love all things tech policy. Always willing to chat with a reader! Reach me at anushka@medianama.com

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