Seizing Devices Needs Due Process. So Does Remote Accessing Via Spyware
M.K Venu | 14 November 2023 | The Wire
The Narendra Modi government wants Indian citizens to conduct their entire personal and professional lives via digital devices which contain all manner of information on finances, taxes, health and professional data, including research. Yet India has hardly any legal procedures or guidelines when the police or other enforcement agencies seize your devices in the course of investigations.
Most democracies, whether in the US or Europe, do not allow the seizure of devices without a judicial warrant. Even after procuring a judicial warrant, police have to observe due process relating to the specificity of what information is to be extracted, and in what manner. Elaborate guidelines ensure that the constitutional guarantee of privacy is not compromised. Last week, a set of petitioners submitted guidelines for the seizure of devices which have been circulated to the government for possible consideration.