Privacy is essential part of civil liberties and it
has assumed more importance in the present connected world. We have
computers, smartphones and many more mediums that capture, store and
analyse personal and sensitive information on daily basis. It is
natural that such information and data must be properly secured and
adequately safeguarded. This is the reason why we need strong privacy
and data protection laws on the one hand and effective and robust
cyber security on the other.
Indian Supreme Court is already hearing few cases
pertaining to privacy rights and their applicability in India.
However, privacy rights in the information
era are totally different from the traditional privacy rights.
India has no dedicated laws on privacy
and data
protection (PDF) so far. We at Perry4Law
Organisation (P4LO) strongly recommend that dedicated privacy and
data protections laws must be urgently formulated by Indian
Government. We also recommend that a techno
legal framework must also be formulated by Indian Government as
soon as possible.
Meanwhile the Supreme Court has taken up the cause
against the privacy violating software and mobile applications. As
per a media
report, Supreme Court of India has taken a serious note of the
software and mobile applications that can be used to extract private
information from smartphones. The Court has asked the Central
Government to clarify its stand in this regard and also to explain
how such systems exist even though it’s clear that they are
violating the law. A notice has also been issued to the Central
Government, CBI as well as an IT firm: Spundan-The IT Pulse. The firm
is known to sell such software, which according to the court can be
used in anti-national activities.
The order was passed by a Three Judges bench
comprising of Justice J S Khehar, Madan B Lokur and Kurian Joseph.
This was on the basis of a plea which was filed by Prashant Pandey,
known as the whistleblower in the Vyapan scam in Madhya Pradesh. He
had alleged that personal records of anyone, be it judges could be
acquired using this software. He has pleaded for a CBI probe into the
activities of companies such as these. The petition reads, “The
illegal interception of calls, generation of call detail records etc
are not only violative of Indian Telegraph Act and Indian Wireless
Telegraphy Act but are also fuelling various criminal activities like
extortion and has a direct bearing on national security”.
Senior advocate Indira Jaising said, “The gravity
of the situation can be ascertained by the fact that today subscriber
details including complete name and address along with the date of
birth, alternative mobile/ land line number, call detail records,
location of a mobile of any person can be availed through this online
software, be it of the chief minister of a state, judges of higher
courts, head of various armed forces, senior scientists etc by anyone
who has installed this software on personal computer after purchasing
it from IT Company”.
Source: Global
Techno Legal News And Views.