Committee Of Secretaries (COS) Considers Right to Privacy

Right to privacy is a very important law that is missing from the list of Indian laws. For decades the right to privacy has been ignored by Indian government. However, a stage has reached where many crucial projects of Indian government have become “unconstitutional” as these are violating the crucial right to privacy as declared by the Supreme Court of India.

Now Indian government is considering enacting a privacy law for India. A Right to Privacy Bill 2011 has been proposed by Indian government in this regard. However, it has not been made public by Indian government till now and this raised a question upon the commitment of Indian government in this regard.

Meanwhile media reports have claimed that the proposed privacy law may cover all individuals in India irrespective of whether they are citizens of the country or not. This means foreigners who work in India and tourists from abroad will enjoy the same privacy rights as Indian citizens. This is a good provision if finally incorporated in the proposed privacy law.

The decision was taken at a meeting of the committee of secretaries (COS) called by the cabinet secretariat a few weeks ago. The COS members said just as every person living in India had a right to life and liberty, the right to privacy should cover every individual in India.

The COS also decided to exempt journalistic publications. It also suggested a few exemptions related to protection of sensitive personal data. It proposed that insurance companies be allowed to access the health data of individuals and employers the banking and financial data of their employees. It also agreed on strong provisions to check unsolicited commercial communication. This will curb spam emails that fraudsters use to get financial information from individuals.

The COS also wanted a list of agencies that could intercept phone calls. The circumstances under which a communication can be intercepted and the authorities that can order such interception should also be detailed, according to the COS.

However, the Prime Minister’s Office has made it clear that surveillance by intelligence agencies for national security should not be hampered. The members pointed out that intelligence gathering for security purposes would be exempted. However, intelligence work should not be an excuse for non accountability and non transparency.

The COS suggested that while there should be a provision on CCTV coverage and other methods of surveillance, the right to privacy should not apply to images captured in a public place as the individual concerned is well aware that he is at such a place. The members also wanted more clarity on sharing of information among government departments.

The COS also decided to set up a council to advise the government on data privacy issues. It was also agreed that the cyber tribunal set up under the Information Technology Act 2000 should be designated as the appellate tribunal for the purpose of this Bill. A data protection authority with powers to punish offenders was also proposed.

Some of these proposals are really good whereas others require more detailed analysis and discussion. Further, there are many more issues that have not yet been covered by the proposed Bill and they also need to be incorporated in the same.

Aadhar Project And UIDAI Must Be Scrapped

One of the most controversial projects of India is unique identification project of India (UID project of India) or Aadhar project of India. The Aadhar project is openly and blatantly violating various civil liberties of Indian citizens. Even the unique identification authority of India (UIDAI) is devoid of any constitutional and legal status.

If Aadhar project and UIDAI are clearly unconstitutional project/authority why is Indian government wasting crores of money upon them? This is the most frustrating aspect of Aadhar project and UIDAI.

The only answer seems to be so that the Indian government can enhance its e-surveillance capabilities by clubbing Aadhar project with national population register (NPR) of India, national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), etc. These are only known projects and there may be many projects that Indian citizens may not be aware of.

According to Praveen Dalal, Supreme Court lawyer and leading techno legal expert of India, there is no second opinion about the fact that Aadhar Project and UIDAI are “Unconstitutional” in the absence of a “Constitutionally Sound Law” in this regard. This is more so when there are no dedicated Privacy Laws in India and Data Protection Laws in India, opines Praveen Dalal.

Surprisingly, the government of India has deliberately abstained from enacting suitable privacy and data protection laws in India. On the contrary, it amended the sole cyber law of India contained in the information technology act 2000 (IT Act 2000) through the information technology amendment act, 2008 (IT Act 2008).

After this amendment, unregulated, unaccountable and unconstitutional powers were obtained by Indian government regarding e-surveillance and electronic eavesdropping in India. This amendment was primarily made to accommodate projects like Natgrid, Aadhar, CCTNS, etc.

Even there is no lawful interception law in India. The present E-Surveillance and Phone Tapping practices adopted by India are “Unconstitutional” in the absence of a Constitutionally Sound Lawful Interception Law, says Praveen Dalal.

If we analyse the entire scenario, there are very strong ground to scrap Aadhar project and UIDAI till proper legal framework is at place. May be our Prime Minister Dr. Manmohan Singh would take initiative in this regard before it is too late.

Data Protection Law In India Is Urgently Required

Indian government’s hunger for e-surveillance as well as the pressure from the industrial bodies for weak and ineffective cyber laws is costing Indians their privacy and data protection law. The truth is that privacy rights in India are at sale.

The e-surveillance projects include unique identification project of India (UID project) or Aadhar project of India. It is managed by Nandan Nilekani as the chairman of unique identification authority of India (UIDAI). Other projects include national intelligence grid (Natgrid), CCTNS, etc.

The ineffective and cyber criminal’s friendly laws include information technology act 2000. IT Act 2000 is the sole cyber law of India that has been made an instrumentality of e-surveillance by Indian government. Further, under pressure from industrial bodies, almost all the cyber crimes have been made bailable.

However, the gravest of all concerns is the high level of e-surveillance in India with no corresponding privacy laws, data protection laws and procedural safeguards. Even the IT Act 2000 is silent on the procedural safeguards against illegal and unconstitutional e-surveillance, internet censorship, etc.

In these circumstances, it is of paramount importance that suitable privacy laws and data protection laws must be enacted by Indian parliament as soon as possible.

Cyber Security In India Is Needed To Defeat E-Surveillance

As more and more public services are attached to information and communication (ICT) technology, their security becomes of paramount importance. In India there is very little research, training and education in the field of cyber security. Further, even lesser is research and training regarding techno legal issues.

So much so that India has just a single techno legal cyber security research, training and education centre (CSRCI). The same is managed by Perry4Law Techno Legal Base (PTLB) and it is providing research, training, education, policy making etc in the crucial field of cyber security in India.

It is also maintaining a world class cyber security software repository that is unique in the world. The repository carries both technical as well as legal resources and software.

India has been facing cyber threats from cyber criminals, cyber espionage groups, cyber war groups, cyber terrorists, etc. Even the homeland security of India needs rejuvenation. Indian departments and strategic computer systems have been under constant threats from adjacent countries. Many sensitive documents have also been stolen through hacking the crucial computer systems in India.

Even the cyber law of India is a very weak piece of legislation with no deterrent effect. When cyber crimes like hacking have been made bailable nothing can make such a law a deterrent for committed cyber criminals.

In the name of national security and cyber security, the Home Ministry is taking absurd decisions like banning Blackberry, Gmail, Skype, etc. Further, illegal and unconstitutional projects like CCTNS, Natgrid, Aadhar project, etc have been also pushed for the sole purpose of enhancing the illegal and unaccountable e-surveillance powers of Indian government and its agencies.

The truth is that authorities like unique identification authority of India (UIDAI) and projects like CCTNS, Natgrid, Aadhar, etc are violative of civil liberties and fundamental rights of Indians. The worst affected are the privacy rights in India that have simply been compromised for the façade of security. It is high time for Indians to reclaim their human rights before it is too late.

India Must Deal With Digital Issues Sensibly

The blackberry dilemma has shown that India does not understand and apply technology properly. Instead of properly understanding the technology, the Indian government is making absurd decisions of banning the same.

This show that the ill informed politicians and bureaucrats of India can be easily misguided about technology as there is no one to understand the same. In such a situation the only option these politicians and bureaucrats exercise is to ban the technology and justifying the thumb rule that if we do not understand the technology, we ban it.

Naturally, the privacy rights in India and other civil liberties are at great peril. In fact, they are already dead as there is no law or safeguards subject to which the unreasonable, illegal and unconstitutional e-surveillance powers in India are exercised. This also means that if rights are outlawed, only outlaws would have rights in India.

According to Praveen Dalal, Managing partner of Perrry4Law and leading techno legal expert of India, India has tackled the digital issues with great immaturity and lack of knowledge. The dictates to Blackberry, Skype, Gmail, etc are nothing but sheer lack of understanding about technology. Encryption and cyber security cannot be controlled and compromised in the manner Indian government is trying to do, says Dalal. It would be a good idea if the Indian government stops this immaturity as soon as possible, suggests Dalal.

In fact, as a result of unlimited and unregulated e-surveillance powers, Internet censorship powers and website blocking powers in the hands of Indian government, the things have already been very complicated. This is the main reason why initiatives like human rights protection in cyberspace (HRPIC) were launched by Praveen Dalal.

Indian government must clear its head regarding digital issues and get itself acquainted with information technology. Merely blocking Blackberry’s services or Gmail would not kill the strong encryption technology already in the hands of users, informs Dalal. It would only change the mode of encryption from Blackberry/Gmail to some other software or platform, claims Dalal.

Ultimately, how much civil liberties Indians would have depend upon how much they are willing to fight for the same.

Human Rights In Cyberspace Are Outlawed In India Says Praveen Dalal

In this guest column, Praveen Dalal, Managing Partner of Perry4Law and the creator of HRPIC initiative, is analysing the position of e-surveillance and its affect upon civil liberties of Indians, He maintains that in India Human Rights in Cyberspace are clearly outlawed and only outlaws would have these Human Rights.

Philip R. "Phil" Zimmermann Jr. (born February 12, 1954) is one of the greatest civil liberty protectors in the cyberspace. Zimmermann is the creator of Pretty Good Privacy (PGP), the most widely used email encryption software in the world. He is also known for his work in VoIP encryption protocols, notably ZRTP and Zfone.

In his rationale for creating PGP he tells that using PGP is good for preserving democracy. He believes that if privacy is outlawed, only outlaws will have privacy. This is so true not only in the context of America but also India.

India is passing through the worst era of police state and e-surveillance society. Even worst is the reliance upon American models that have failed in America itself. But Home Minister P.Chidambaram is not discouraged by these failures and he would stop only on the failure of these models in India.

Even the Department of Information Technology (DIT) and Department of Telecommunications (DOT) have joined this blind and ignorant race and are trying to ban telecommunication services like Blackberry and Skype and Internet services like Gmail.

These departments are troubled by the strong and secure encryption technology and other similar technologies that prevent unlawful and illegal e-surveillance by the government and its agencies. Criminals and terrorists are already using these, and much better options, and these ignorant actions would only trouble and violate the civil liberties of law abiding citizens alone.

All the limits in this regard were crossed when the Information Technology Amendment Act 2008 (IT Act 2008) was made an enforceable law in India. The IT Act 2008 provides unregulated, unconstitutional and illegal e-surveillance, Internet censorship and website blocking powers in the hands of Indian government and its agencies. There is no mechanism at all that can prevent the abuses of these powers and there is no accountability as well.

A time has come in India when Human Rights in Cyberspace are clearly outlawed and only outlaws (as per the norms and standards of Indian government) would have these Human Rights. This is the main reason why I dedicated a resource titled Human Rights Protection in Cyberspace (HRPIC) to those law abiding citizens who cherish and wish to protect their civil liberties in cyberspace.

With further illegal and unconstitutional projects like CCTNS, NATGRID, UID Project/Aadhar Project, etc things are only going to be worst in India. The only option remains is to use self defence against the persons, institutions and agencies that are engaging in illegal and unconstitutional e-surveillance and civil liberty violations.

Scrap Aadhar Project And Dissolve UIDAI

Privacy rights in India do not exist. Instead of strengthening the civil liberties and privacy rights in India, the Indian government has preferred to impose unconstitutional and civil liberty violative projects like National Intelligence Grid (NATGRID) Project, Aadhar Project/UID Project, Crime and Criminal Tracking Network and Systems (CCTNS) Project, etc.

The worst civil liberty violative project is Aadhar project managed by Nandan Nilekani who is presently acting as the chairman of the unique identification authority of India (UIDAI). The biometric identification initiative has already attracted major opposition from almost all the segments of the society.

Indian government has openly and in an unambiguous manner declared that it does not care about civil liberties in general and privacy and data protection laws in particular. All its promises regarding privacy rights have proved to be just a façade to gain time and subsequently do nothing. The truth is that India is forcibly implementing “unconstitutional projects” like NATGRID Project, Aadhar Project/UID Project, Crime and CCTNS Project, etc.

Another truth is that under the garb of welfare schemes the Indian government is gaining illegal, unconstitutional and unreasonable e-surveillance, Internet censorship and other draconian powers. It is trying to get a complete control over information pertaining to Indians.

The government is not satisfied even with this and now they are planning to introduce the most stupid amendments in the IT laws or cyber law of India.

Although all the projects recently introduced by Indian government are illegal, unconstitutional and outrageous, one project requires special mention. This is the Aadhar project or UID project of India. The same is managed by Nandan Nilekani as the chairman of unique identification authority of India (UIDAI).

What is surprising is that Indian government is wasting crores of public money upon an authority (UIDAI) that does not exist in the eyes of law. This wastage of public money is not only violating many laws of India, including criminal laws, but also against the democratic and Parliamentary scheme of Indian Constitution.

The constitutional analysis of the National Identification Authority of India Bill 2010 produced by the UIDAI clearly shows that UIDAI is an illegal authority and aadhar project is an unconstitutional project.

The Indian government is still pushing hard this project under pressure of industrial lobbying and the only purpose of this project seems to be to serve private interests.

Time has come to scrap these unconstitutional projects till they are duly supported by constitutionally sound legislations.

SOURCE: CIO

Human Rights In India At Stake

By
Ram K Kaushik

Civil liberties in India in general and privacy rights in particular are at stake. The government of India is doing its level best to invade human rights of Indians. It is formulating projects after projects without any regard to civil liberties of Indians. Whether it is Aadhar project of India or Natgrid Project of India the civil liberties of Indians are openly and blatantly violated.

Aadhar project of India is devoid of any legal framework that may back the spending of crores of money. There is no sense in continuing the project till there is a constitutionally sound law backing its operations. Till now the UIDAI is operating without any authority and there is no justifications for the amount spend under the project.

Similarly, Natgrid project was originally stalled due to protests from experts and lack of privacy safeguards. The Home ministry of India is trying to revive the same with great disregard to privacy rights and civil liberties. According to media reports, even the Cabinet Committee on Security (CCS) of India has unofficially cleared the project. After the protests from civil liberty experts the government of India has once again declared that it would clear the Natgrid project only after independent audit regarding proper safeguards for privacy rights of stakeholders.

It seems the government of India is not serious at all about privacy rights in India and it merely gives press statement the moment it faces a protest. Only time will tell how sincere it is regarding protecting privacy rights and civil liberties of Indians?

SOURCE: CIO

Cabinet Committee On Security Of India Accepted Expert’s Suggestions On Natgrid

Recently the proposal to establish national intelligence grid (NATGRID) in India was considered by Cabinet Committee on Security (CCS) of India. However, the CCS was advised in advanced by techno-legal experts like Praveen Dalal regarding the possible political misuse and violation of civil liberties of the Indian citizens. As a result, the CCS withheld its nod and asked the Home Ministry to come back after further consultation with all stakeholders.

In the past Praveen Dalal has suggested that NATGRID is an essential requirement for robust and effective intelligence agencies and law enforcement functions in India. The only requirement is to ensure that its abuses can be anticipated, prevented and remedied.

The Home Ministry of India would now start fresh discussions with various stakeholders to ensure that NATGRID may not be abused in future. The task is difficult and it would be beneficial to consult good techno-legal experts in this regard.

The most important aspect that must be kept in mind by the government of India is that it must reconcile the national security aspects of India with human rights protection in cyberspace. This is a difficult task especially in the absence of a dedicate privacy law and data protection law in India, says Praveen Dalal.

A “dedicated resource” in this regard has been launched by Perry4Law [http://perry4law.com/hr/index.html] in this regard that may be helpful for the Indian government while implementing projects like Crime and Criminal Tracking Network & Systems (CCTNS) Project (CCTNS Project), National Intelligence Grid (NATGRID), Unique Identification Authority of India (UIDAI), National Counter Terrorism Centre (NCTC) of India, E-Surveillance under the Information Technology Act 2000 (IT Act 2000) and other laws, etc.

SOURCE: MYNEWS

Is The Unique Identification Authority of India (UIDAI) Legally Constituted?

India seems to be following the hit and trial method for some of the most crucial projects in India. The end result is obvious, i.e. wastage of crores of public money and violation of civil liberties of the Indian citizens. In this “guest column”, Mr. Praveen Dalal , Managing Partner of Perry4Law has shared his valuable insights in this regard.

India is notoriously infamous for creating authorities and agencies without any legal sanction and framework. Surprisingly, a majority of them pertains to law enforcement and intelligence agencies like CBI, IB, RAW, etc. What India is actually doing is using administrative circulars and executive orders to give legitimacy to these institutions. Why these circulars and orders have still not been declared “unconstitutional” by Indian judiciary is still a bigger mystery?

The latest in the league is the Unique Identification Authority of India (UIAI) managing the proposed Unique Identification Cards for Indian citizens. Where is that authority, what are its rules and regulations, what legal framework is supporting it, what are the legal and technical safeguards available for the possible misuse of the same, etc are some of the questions that would always vex the Indians.

It seems India has developed a habit of constituting “multiple agencies” without and legal framework and sanctions. This would result in more troubles than solutions. None can dispute that the unique identification number's database is too precious to be handled so casually.

On the front of security and safety of unique identification number's database, even Nandan Nilekani has accepted these concerns to be “legitimate one”. For instance, it would be a big task to secure such database from possible hacking and free from any misuse.

Invasion of Privacy of Indian citizens by Indian Government and its Agencies is certainly going to be there in future. This is more so when the Indian Government has openly declared its Policy to adopt endemic surveillance and e-surveillance over Indian citizens. The Indian Government would spend 800 Crores hard earned public money for tapping all phones in real time. Ironically, Indian citizens’ money would be used against Indian only and that also in an illegal and unconstitutional manner.

With the “Judicial Silence Strategy” adopted by the Delhi High Court and Supreme Court of India, the fate of the already scarce Privacy and Data Protection Rights in India is going to face extermination. It would be a good idea to call for explanation form Indian Government and stressing upon establishment of proper safeguards before departing with any sensitive information to the Unique Identification Authority of India (UIAI).

Mr. Praveen Dalal, Managing Partner of Perry4Law, is the Leading Techno-Legal Specialist of India and is an Internationally renowned Expert in the fields of Cyber Forensics, Cyber Security, Cyber Law, etc. These are his personal views and opinion.

AUTHOR: PRAVEEN DALAL

SOURCE: MERINEWS