What is the issue?
A recent U.S. Supreme Court ruling has imposed limits on the ability of police to obtain cellphone data.
What is the ruling?
- It is related to law enforcers collecting location data of a tracked suspect, from cellphone companies.
- The 5-4 ruling sets a higher legal hurdle than previously existed under federal law.
- The court said police need a court-approved warrant to get the data.
- Police now obtain such data without a warrant, from wireless carriers.
- The court said this would amount to an unreasonable search and seizure under the U.S. Constitution's Fourth Amendment.
- The ruling made exceptions for emergencies like bomb threats and child abductions.
What is the significance?
- Digital data can provide a detailed and intrusive overview of private affairs.
- US court ruling throws light on the way this aspect of modern technology is being used all over the world.
- It comes as a major victory for digital privacy advocates.
- The new decision has implications for all kinds of personal information held by third parties.
- This includes email and text messages, Internet searches, and bank and credit card records.
How does this work in India?
- Central and state law enforcement agencies gain access to cellphone location data.
- Service providers, once asked, provide them with call data records.
- Apart from helping in investigation of cellphone thefts, this also helps police crack criminal cases.
- However, accessing such information is subject to certain permissions.
- The nodal officer of a service provider should be asked in written for call data records.
- Notably, only an officer of SP rank - DCP rank in a commissionerate - can write.
- There are instances where policemen illegally obtaining records have been sent to jail.
Source: Indian Express
