The Centre doubled down on the position that the right to privacy is not absolute in last week's response to a Supreme Court petition critiquing the search and seizure of electronic devices. The petition filed by a group of academics at the Supreme Court critiqued the unchecked power with which investigative agencies search premises and seize electronic devices. The threat of academic work stored on these devices being damaged as a result of seizure is "considerable", added the petitioners. "Individual rights claimed in the present case is to be necessarily counter balanced with the larger societal rights as well," submitted the Centre in a counter affidavit viewed by MediaNama. "[With this interpretation] Article 21 rights [to privacy] are subject to 'procedure established by law'." Search and seizures of electronic documents falls under this exemption and are reasonable and duly proportionate, observed the Centre. The Indian government is well within the judicial limits established by Puttaswamy v Union of India (2017) as these practices further a legitimate state interest, it added. The Centre's response argued that substantial procedures were also in place to address the petitioners' concerns regarding search and seizures. Whether this procedure is always followed remains to be seen—recently, a Delhi court ruled that the accused in a Central Bureau of India (CBI) investigation cannot be compelled to share the passwords for their seized devices, as doing so would violate their right against self-incrimination. Why it matters: The reams of case law cited in the counter affidavit reinforce the government's argument…
- India To Expand ‘Trusted Sources’ Mandate to Bolster Cybersecurity Across Critical Sectors February 21, 2024
- Flipkart in talks to acquire delivery platform Dunzo: Report February 21, 2024
- You can soon share your Signal username instead of your phone number February 21, 2024
- Deep Dive: Unpacking the Bombay High Court verdict on the Indian government’s proposed Fact Checking Unit February 21, 2024
- RBI increases scrutiny of peer-to-peer lending platforms: Report February 21, 2024
MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.
The existing commission-based model, which companies like Uber and Ola have used for a long time and still stick to, has received criticism from...
Factors like Indus not charging developers any commission for in-app payments and antitrust orders issued by India's competition regulator against Google could contribute to...
Is open-sourcing of AI, and the use cases that come with it, a good starting point to discuss the responsibility and liability of AI?...
RBI Deputy Governor Rabi Shankar called for self-regulation in the fintech sector, but here's why we disagree with his stance.
Straw man fallacy: IT Ministers’ defence of government exemptions in data protection law misses the point
Both the IT Minister and the IT Minister of State have chosen to avoid the actual concerns raised, and have instead defended against lesser...
Please subscribe to MediaNama. Don't share prints and PDFs.
You May Also Like
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...
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...
Twitter takes down tweets from MP, MLA, editor criticising handling of pandemic upon government request
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...