Macro/Finance Group, NIPFP

Use of personal data by intelligence and law enforcement agencies

Use of personal data by intelligence and law enforcement agencies, Rishab Bailey, Vrinda Bhandari, Smriti Parsheera, Faiza Rahman. August 2018.

Widespread adoption of modern technologies and reduced storage and computing costs have transformed the surveillance capabilities of intelligence and law enforcement agencies. This brings with it heightened concerns around the privacy implications for individuals, prompting an urgent need to reassess the current legal framework governing the state's surveillance activities.

This paper analyses the existing framework on surveillance in India in light of the Supreme Court verdict in the Puttaswamy case and globally recognised principles and practices. Based on this analysis, we recommend the way forward in terms of adopting a risk-based approach towards surveillance and building appropriate legal protections to govern the access and use of personal data by intelligence and law enforcement agencies. We also map these recommendations against the provisions contained in the report and the draft data protection law released by the Justice B.N. Srikrishna Committee on July 27, 2018.

Links