Privacy Issue and India's Surveillance Law

Context

• Shortly before, the Union Home Ministry issued an order, in which 10 government intelligence agencies have been given the right to monitor any computer data or to scrub it.
• The Central Government says that this is not a new order, but it already has provision in IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules 2009.
• Under sub-section (1) of section 69 of the IT Act, if the agencies feel that any person or organization is involved in anti-national activities, then they can find out the data on their computers and take action on them.

In such a case, the question arises whether the vigilance law prevails in India is a threat to privacy.

The Supreme Court had determined the Nizamata scale

Last year, the Supreme Court considered privateness as a fundamental right in one of its decisions. Then, to ensure the security of the data and the right to privacy, the Constitution Bench of nine judges was given a collective consensus. The court had said that under Article 21 of the Constitution of India, every person has the right to live and personal liberty i.e. privacy. Justice K.S. In the Putuswami v. Union of India case, the Supreme Court recognized the privacy of its decision in 2017 as a fundamental right, but also said that this right is not autocratic and unlimited.

• Now the government order to monitor computer and mobile monitoring in the name of preventing terrorist activities is a bloody issue.
• The orders issued by the notified agencies by the Union Home Ministry for internet and computer monitoring are being justified by saying that the present government has given clarity to the rules made by the previous government in 2009.

Here again a question arises that under the old rules such monitoring was happening, then what was the need for this new order? On this issue the government says that ...

• The recent notification will ensure that the process of exploration, monitoring or checking of any information through a computer resource has been done with the appropriate legal process.
• Issuing notices about authorized agencies to use these powers and prevention of unauthorized use of any of these powers by any agency, person or intermediary in any form.
• The recent notification will ensure that computer resources have been disposed of or have been monitored legally and in the meantime the provisions of the law have been followed.

Need Checks & Balances

• On the one hand, those who criticized this order say that since India is poised to become a 'Police State', its supporters say that there is nothing wrong in violating the right to privacy in the wake of national interest in the odd circumstances.
• The central government needs to use its monitoring powers while increasing the accountability and responsibilities of the agencies.
• Before allowing the surveillance of the states, it is necessary to go to the bottom of the case and the permission should be given only on the basis of convincing evidence.
• There is something similar in America, where permission given without any basis or evidence is rejected by the court.
• Another important aspect is that no person is able to know that his computer or electronic communication is being monitored.
• Apart from this, the examination of information technology (guidelines for intermediate institutions) rules, 2011 is yet to be done. These rules are to be tested on various parameters, only then can it be said about their viability.

Official Secret Act, 1923

During British occupation in India, the British made many laws to maintain their power. In the same episode, he implemented the Official Secret Act in 1923. This law is mainly divided into two parts - the first is related to espionage and the second detective. Significantly, the recommendations of the various commissions and committees constituted by the Government of India to abolish this law from time to time have been made, but they have not been implemented till date.

Information Technology Law (IT Act), 2000

Information Technology Law (IT Act), 2000 to encourage electronic transactions, provide legal recognition for e-commerce and e-transaction, promoting e-governance, preventing computer-based crimes and security related work system and To ensure the procedures were brought into effect. This law was enacted on October 17, 2000.

Guidelines for intermediaries in IT law

In some cases, Article 79 of IT law has been explained in detail in relation to the exemption of debt from intermediaries. Article 79 (2) (c) mentions that the intermediaries should follow proper responsibilities while following their duties and also follow the other guidelines proposed by the Central Government. Accordingly, information technology (guidelines for intermediate institutions) rules, 2011 was notified in April 2011.

Government committed to freedom of privacy

The Government of India says that it is committed to speaking to its citizens given the constitution and freedom of expression and privacy. Government does not control the content of social network platforms. The need for these social network platforms, however, is such action provided in Article 79 of Information Technology Act, 2000, in which it is necessary to gather appropriate and reliable information about the proposed sale, purchase, contracts etc and to provide professional advice. The rules notified in it ensure that their platform is not used for terrorism, extremism, violence and crime. Significantly, there are more than 100 million smartphones in the country and more than 400 million Internet users.

The subject of the states is law and order

• Only those computers are monitored which are challenged for national security, integrity and are involved in terrorist activities. There is no surveillance of any kind on the computer or data of ordinary people.
• According to the constitution, police and law and order are subjects of the state. Under the provisions of the Indian Penal Code and Information Technology Rules, 2000, State Governments are responsible for the prevention, identification and investigation of cyber crimes through their legal machinery.
• Security agencies constantly monitor the Internet and social media and take necessary action under Article 69 of the Information Technology Act, 2000 to prohibit any illegal content that is being put into it.
• Apart from this, the Committee constituted under the Information Technology Rules, 2009, periodically monitors the compliance of instructions issued under the Information Technology Act, 2000.
• To ensure compliance with the law, the government conducts a regular meeting with all parties to prepare the collaborative framework.

To solve common people's doubts

The recent order of the government raises suspicion in the minds of the common man, in which the security and intelligence agencies of the country have given the authority to monitor, synchronize and check the data present in anyone's computer. This order of the government is being opposed on social media and people say it is interfering in their right to privacy.