The government can now obtain passwords and financial information without a warrant or person's consent
While cyber activists, bloggers and legal experts have criticised the new rules under the IT Amendment Act, 2008, for gagging free speech, what has gone unnoticed is the fact that the new regulations also give the government the power to obtain sensitive personal information about individuals from companies without a warrant or the concerned person's consent.
The sensitive personal data or information of a person covers passwords, financial information such as bank accounts or credit card details, his or her physiological and mental health condition, medical records and history, their sexual orientation, and biometric information, says the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, which came into force in April this year.
Though the rules provide for keeping this information confidential from third parties except with the individual's prior consent, they explicitly state that all sensitive personal details “shall be shared, without obtaining prior consent from the provider of information, with government agencies mandated under the law to obtain information including sensitive personal data or information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.”
Criticising the government for giving itself the “master key” to access the sensitive personal information of individuals, including their medical records, Delhi-based PRS Legislative Research, which works with MPs to provide research support on legislative and policy issues, has noted that “there are no checks on this power [with the government] except that the request for information be made in writing, and stating clearly the reason for seeking the information.”
Pointing out that “information requests [made by government agencies] usually have certain inbuilt checks,” PRS Legislative Research said that for example, search warrants in criminal cases were issued by a court. Similarly, tapping of telephones or interception of electronic communication can only be authorised by the Union or State Home Secretary after following a prescribed process.
The new bill for the Unique Identification Number (UID) also permits such use only by the order of a court or for national security (by an order of an authorised officer of at least Joint Secretary rank in the Central Government).
However, the new rules under the amended IT Act have no such checks and balances — a government agency just needs to send a request in writing to the company possessing the sensitive personal data or information stating clearly the purpose of seeking such information.
The rules also state that a company can transfer sensitive personal data or information to any company or individual in India or abroad that “ensures the same level of data protection” that is adhered to by that company as per the new rules.
Keywords: IT Amendment Act, IT rules
Comments:
Can't see why the author or the quoted PRS institute think that the investigative agencies in India should not gain access to 'sensitive' personal information. If we do not trust our investigative agencies may be we need to go about fixing them first than stifling investigations or intelligence gathering in the guise of individual privacy. May be we should open our minds and see how things work in developed countries.
One day i will muster enough courage in me that i will remove all my details from internet..from facebook/gmail/yahoo etc..Big corporations and Big Govt..how can you escape from it.how come this things go unnoticed from our mainstream media who do not make a big issue out of it. Oh..i got it..they are busy in covering cricket and Bollywood.
This has crossed all limits of one's freedom and should be fought in a Court of Law.This government will do anything to become rich by illegal means as this power will lead to corruption of the highest kind.
The "big brother" is watching,reading and listening! Forebodings which '1984' generated seem to be becoming a reality. What have our civil society activists to say about this emerging situation?
These new rules are an invasion on the rights of our people. They have been introduced surreptitiously without even a modicum of public debate. There is need for public protest. All these draconian rules are possibly an indication that the government has become delirious. I hope this issue is taken up by the opposition when it assembles for the monsoon session. It is also sad that there has been no editorials from newspapers on this invasion of personal freedom nor has the opposition taken up this issue with the government.
Now what is the difference between a hacker and government? Are such laws even constitutional? Any law that gives one agency utmost and reckless power is susceptible to misuse. History is the witness that whenever unconstrained power has been given to government, it went against the nation and its citizens. Governments of Hitler, Stalin, Saddam Hussain and many other first grabbed unconstrained power with then and then started misusing it creating the problems for humanity. Such practices must be discouraged and abolished.
This is utterly disgusting development. It simply means that a common man's personal life will always be interfered by state whenever it wishes. It also means that emails of politicians, bureaucrats, corporates, judges, journalists, ngo's, filmstars, top players can also be accessed without the person even knowing it!! Are we moving into a censorship era? Where is the security of personal data? And where is the grievance redressal mechanism? Do we have to be at the mercy of some babu or police official who can access it as his own convenience. I wish this law will be challenged and courts will take necessary steps to fine tune its provisions and stop its misuse.
Clearly an encroachment to privacy.Even government can't keep secret files regarding billionare TATA (tape conversation with nira radia).So what abt local guys !!! and it can be obtained without much orders or consent from home ministry. There should be clear cut guideliness
With government officers who can easily be bribed etc, virtually anybody can obtain confidential private information through these laws. RIP, privacy !
From email to e-jail: the world governments are hell bent to control and know everything of me and you. This is 'e'mperisalism-an absolute dominance of power over people. The precedent was set by George Bush by his patriot act that enslaved every american citizen to his whims and whips. we must fight our freedom back.
This is disadtrous, this is against the right to privacy and liberty both, as information as this can certainly constraint ones action. Its like executive is becomming all powerful and they can see every nook of our life. If this is only related to corporate IT fine no issues, but not an individuals freedom.This needs to be raised in a PIL after a thorough legal reading.
It is like getting the 'master key', as the author rightly mentioned, to our house. What should we make of it ? Government getting concerned about more power getting into people's hand because of internet? Or that it doesn't trust its citizens hence keeping a watch over it, just like parents do to their young kids ? Young kids can't think, so the latter case is justified, but keeping tight grip over its citizens, that calls for questioning the hidden intentions of the government.
Its obvious that our politicians who approved this bill (do they know they approved it?) have no personal data on web. They refuse to reveal the names with swiss a/c, they don't want to get the money back from swiss but when it comes to this they have no objection. Who in the agency. Is it just CBI/RAW or any govt. dept? Who in this dept can request? Will the lokpal bill move these investigative agencies away from the politicians at least!!
This is how it all starts. It is all written in the Book of Raja. Soon, the govt. will be arresting us for watching porn, being gay, then reading news that it doesn't approve, and eventually for reading about the 2G scam in The Hindu. Let's trust our souls, wives, and kids to the govt who has capable people like A Raja at the helm. I will take on the terrorists versus dealing with the likes of Raja, thank you very much!
Sridhar: the concern is because there is no check to balance the power. It is not about trust, but lack of due process.
Let this work two ways, if you have the capability to read my emails, I must have access to an online repository of every document in the government.. the power to misuse here is severe, I can imagine an overzealous govt eliminating its opposition this way, this is a complete subversion of democratic processes (which if they are lethargic and slow, need to be changed, not short circuited)..
Yes, I agree public protest is needed. So many of us live life openly online and exercise our democratic rights to express our opinions about politics in a healthy way. It is scary that now this may be used against us if the gov't can access our details... I hope citizens groups like the center for internet and society and the alternative law forum both based in Bangalaore are advocating against these draconian laws!
On one track the process is on to stop corruption and on the other track the Government itself opening doors to start corruption. It's high time, the government should double think before implementing such rules and regulations which will affect the common man. The people of India should not leave these regulations to be implemented. They should fight for their privacy infringement rights and go to Supreme Court.
If the government tries to make headway in development, we the people can be trusted to make every efforts to stop it. Think about e-terrorism and not about e-jail. Oh and @ Kumar, you mean 'whims and fancies', right? And no, Bushe's Patriot Act can be perfectly justified. Hey, and look at China, the government monitors everything, oh and I am living in Beijing now and look at Beijing, such an exemplary city, which you could look upon as an example of a government dedicated for development. The people should support the government, in order to help India become a global super-power respected by the world and dominates the world stage.
But Who will guard the guards?
Power corrupts, absolute power corrupts absolutely !
There is actually no point criticising this government as journalists and the citizens of the Concerned Club have spent the last drop of their ink already doing that (not that the other parties are any better). But ugh, this is simply gross. What is funny is that the government has not minced a word in wording the rule - the haughtiness seems to be out there in the text. I appreciate that for once they don't have an act drenched in ambiguity; but that doesn't mean that they should be allowed to get away with this. Shout out, friends! Shout out till you fall dead like an oversung bird. And Development as 'Freedom'? Surely!
This endless persuasion that some of the legitimate rights could be forsaken for greater security is a defining characteristic of fascism. Dr. Lawrence Britt compiled a list of 14 characteristics common across fascist regimes in the past http://www.rense.com/general37/char.htm. Identify for yourself how many of those characteristics could be found in our country.As Assange puts it, 'Privacy' is something only individuals are entitled to. Governments and other institutions have to be 100% transparent. However, the reality is just the opposite. This is a travesty of individual freedom. We are already living in a fascist state. If you have any doubt, try spending a day without your wallet.
Now we have a government where union ministers, State chief ministers, chief justices, top police officers and defense officers facing civil and criminal charges which include massive corruption charges, giving them a chance to collect private secret data from the internet will make it easy to enhance their illegal activities and will also facilitate them to load the charges on someone else. It will be safer if people with some power and with a clean conscience unite and use all possible means to make sure that such laws are allowed only if the government heads are free of corruption. I personally feel that such powers must be only with the Perfect Just and Absolute Commander of the universe.