New Delhi, April 13, 2022 (PPI-OT):A proposed new Indian law gives sweeping powers to law enforcement agencies to collect biometric data – a move that has sparked concerns over privacy, said BBC in a fresh report on the law. The Criminal Procedure (Identification) bill, which was passed in parliament last week, makes it compulsory for those arrested or detained to share sensitive data – like iris and retina scans. The police can retain this data for up to 75 years. The bill will now be sent to the president for his assent.

After being signing into the law, Indian illegally occupied Jammu and Kashmir will be its worst victim where people are spearheading a struggle for their right to self-determination as per UN resolutions. Opposition leaders have protested against the law, calling it draconian and illegal. Critics fear the rise of a “dystopian” surveillance state.

One of the biggest concerns is that it hands over too much personal data to the state. India does not have data protection laws, so critics say this is akin to giving the government a dangerous snooping weapon – one it could wield against dissenters.

“Since the depth of the data that can be collected is very serious, and the bill lacks any safeguards to prevent the arbitrary collection or the misuse of data, the potential for misuse is extreme,” tech and policy analyst Aditya Sharma says.

Critics add that the proposed law runs counter to India’s constitution and a landmark 2017 Supreme Court ruling, both of which protect a citizen’s right to privacy. The top court – in an eloquent 547-page order – had unflinchingly declared privacy as the “the constitutional core of human dignity”, and said that any kind of state surveillance must be proportionate and justifiable.

India’s current prison law – the Identification of Prisoners Act, 1920 – allows the police to collect only photographs, fingerprint and footprint impressions. But it limits this to those who have been convicted, are out on bail, or those charged with offences punishable with rigorous imprisonment of one year.

The new law, however, massively expands its ambit to include other sensitive information such as fingerprints, retina scans, and behavioural attributes – like signatures and handwriting – and other “biological samples”.

It does not specify what these “biological samples” are but experts say it likely implies collection of DNA and blood. The police currently require a warrant to collect these samples. And this now also applies to anyone who is arrested or detained. A court or magistrate can order the police to retain the records even of those who are acquitted or not even tried.

“What you’re going to see is the creation of several thousands or millions of criminal profiles in India,” digital rights researcher Srinivas Kodali says. The National Crime Records Bureau will hold the data for 75 years, but experts say the law doesn’t explain how it would be protected. “It’s not like the police want to put a lot of people in jails – they don’t have the capacity,” Mr Kodali says. “But what they want to do is put you under surveillance, tabs on what you’re doing.”

The bill, he adds, now gives this power to “every constable on the street”. Vikram Singh, former police chief of Uttar Pradesh state, says the proposed legislation is an “excellent tool” to upgrade the country’s crime database and investigative tools. But he worries it could be indiscriminately applied: “You have enhanced the scope of the collection of samples but downgraded the control and supervisory mechanism.”

It’s not uncommon for investigative agencies to mine personal data. Experts are wary of what this erosion of privacy means under Mr Modi’s government, which has been widely accused of crushing dissent. Several activists, protesters and critics of the government have been jailed in recent years and struggled to get bail.

“Increasing the use of tech in law-enforcement isn’t inherently wrong, but India’s government has a long record of abusing citizens’ privacy and using tech to target opponents, not criminals,” Mr Sharma says.

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