US Ruling on Digital Privacy

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