SC: Cops can’t seek digital footprints for roving probe
The Supreme Court of India ruled that police cannot use the IT Act to demand broad access to an accused person's digital footprints for periods unrelated to the specific crime. The court emphasized the principle of proportionality, stating that such data requests should only be made if alternative investigative methods are insufficient.
Why it matters
This ruling sets a significant legal precedent for digital privacy and limits the scope of police surveillance in criminal investigations.
NEW DELHI: SC has said police cannot direct social media platforms under IT Act to share an accused’s digital footprints for periods well before the crime he is being probed for, in an order that is likely to become a precedent for protection of privacy, reports Dhananjay Mahapatra.“Information and Technology Act provisions cannot be misused by police to launch a roving and fishing inquiry by obtaining personal data of an accused in breach of right to privacy,” said SC quashing a Ghaziabad Police order asking ‘X’ to furnish digital footprints of journalist Abhishek Upadhyay since June 1 when he was accused of a road rage incident in Aug 18.Cops must apply principles of proportionality, says SCA bench of CJI Surya Kant and Justice Joymalya Bagchi said: “Police must apply the prin-ciples of proportionality while taking steps to investigate a crime and can resort to seeking digital footprints only after recording…
Get smarter about the news
Sign up free for a feed built around what you actually care about, Dive Deeper research on any story, and the full text of every article.
Create free accountAlready have an account? Sign in