THIRUVANANTHAPURAM: Kerala, whose scientific contact-tracing strategy in the initial weeks of the pandemic became a model for others to follow, has now worked up an ethical and legal storm with a controversial police decision to collect call detail records<\/a> (CDR) of Covid-positive citizens and draw up “route maps” to trace those who came in contact with them. 喀拉拉邦的科学接触者追踪策略在最初几周的流行成为他人的模式,现在已经工作了道德和法律的风暴与一个有争议的警察决定收集呼叫详细记录(CDR) Covid-positive公民和起草“路线图”来跟踪那些与他们联络。 特里凡得琅:喀拉拉邦的科学接触者追踪策略在最初几周的流行成为他人的模式,现在已经工作了道德和法律的风暴与一个有争议的警察决定收集呼叫详细记录(CDR) Covid-positive公民和起草“路线图”来跟踪那些与他们联络。
Opposition parties and legal experts have termed the move a serious breach of privacy, citing the Supreme Court’s 2017 judgment in the K S Puttaswamy versus Union of India case.
Coronavirus: Live updates<\/strong><\/a>
“The decision to retrieve CDRs of infected citizens is a gross infringement on the right to privacy. The right to privacy of an individual has been explained in detail in the Puttaswamy case by the Supreme Court. The police can seek information in specific crime cases, but people cannot be put under surveillance in this manner. This is not a police state,” former state law secretary B G Hareendranath said.
![\"\"](\"\/\/www.iser-br.com\/Themes\/Release\/images\/responsive\/ettelecom-default.jpg\")
The police justified the move as a necessary evil to fight the pandemic. CM Pinarayi Vijayan added to the outrage by admitting that “it has been going on for a few months now”.
In a circular to all senior police officers on Wednesday, Kerala DGP Loknath Behera said the ADGP (intelligence) and the ADGP (headquarters) should be in touch with BSNL<\/a> to ensure that CDRs are promptly made available when necessary. “They will also take up the matter with Vodafone<\/a>, as in some places they are delaying sending CDRs,” the circular states.
Sources said some telecom service providers had been hesitant in sharing CDRs.
Vijayan said the data collected by the police won’t be used for any other purpose other than mentioned. “Law enforcement agencies can collect such details. This is the best means for contact tracing<\/a>. The data won’t be used for any other purpose,” he said.
The police said CDRs were their best bet in drawing up route maps of Covid-positive individuals with precision, although there is no provision in the law for sourcing and checking call records of an individual for medical surveillance. In 2016, the ministry of home affairs had issued guidelines to all states on seeking CDRs under the statutory provisions contained in Section 92 of the Code of Criminal Procedure, 1973, or Section 5(2) of the Indian Telegraph Act, 1885<\/a>, read with Rule 419A of the Indian Telegraph (Amendment) Rules,<\/a> 2007.
The law is clear on this — unless it is for a matter of national security or criminal investigation, CDRs are not allowed to be retrieved.
Leader of the opposition Ramesh Chennithala told TOI, “This is a very sensitive issue that can lead to a serious breach of the privacy of individuals. What the opposition demands is that retrieving CDRs should be limited to contact tracing<\/a> alone, and the data should be kept confidential. The government should be able to ensure it. Let us see how this turns out.”
Union junior external affairs minister V Muraleedharan said retrieving CDRs for the purpose cited by the police and the state government was “unheard of”. “It is also a contradiction that the same government which vouches for data privacy is doing the opposite.”
In the Puttaswamy case, the Supreme Court had ruled that recognising a zone of privacy was but an acknowledgement that each individual must be entitled to chart and pursue the course of development of personality. “Privacy is an intrinsic recognition of heterogeneity, of the right of the individual to be different and to stand against the tide of conformity in creating a zone of solitude. Privacy protects the individual from the searching glare of publicity in matters which are personal to his or her life,” the judgment said.
In the case of telephone interception, there is a more intricate procedure in which permission is granted by the home secretary, and the matter is further reviewed by a committee comprising the chief secretary, law secretary and secretary of the general administration department.
However, some experts point that even though CDRs cannot be retrieved by the police without the consent of a person, in the event of a pandemic, there is an implied consent from a citizen to do so for the common good. “Unless, in this specific issue, a person specifically says ‘no’ to his CDR being retrieved and used for preparing route maps, it is implied that he has given consent to it. But if he denies, the police cannot do so, unless he has committed some grave crime,” former state police chief Jacob Punnoose said.
Prior to the police taking over contact tracing and preparing the route maps of Covid-19 patients, the health department used to rely on voluntary disclosure on who the person met and the places she or he visited.
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哭的隐私违反喀拉拉邦警察利用称为Covid病人的记录
反对党和法律专家称此举严重违反隐私,援引2017年最高法院的判决在K年代Puttaswamy与印度联盟的情况。
冠状病毒:实时更新
“决定检索cdr感染是一种严重侵犯公民隐私的权利。个人的隐私权已经详细解释Puttaswamy案件由最高法院。警察可以寻求信息在特定的犯罪案件,但人们不能以这种方式把监视之下。这不是一个警察国家,”前州法律部长B G Hareendranath说。
警察证明此举是必要之恶对抗流感大流行。CM Pinarayi Vijayan添加到愤怒,承认“这已经持续了几个月”。
周三在一个圆形的所有高级警官,喀拉拉邦文章Loknath Behera说ADGP(情报)和ADGP(总部)应该联系BSNL确保CDRs在必要时立即可用。“他们还将此事沃达丰(Vodafone)在某些地方,他们推迟发送cdr,“循环状态。
消息人士表示,一些电信服务提供商一直犹豫在cdr共享。
Vijayan说警方收集的数据不会被用于其他任何目的除了提到。“执法机构可以收集这些细节。这是最好的方法接触者追踪。数据不会被用于任何其他目的,”他说。
警方说,革命是他们最好的选择在拟定路线的地图Covid-positive精确地人,虽然没有在法律上的规定采购和检查通话记录个人的医疗监视。2016年,民政部门发布了指导意见,所有国家在寻求cdr法定规定包含在刑事诉讼法第92节的代码,1973,第五节(2)印度电报法案》,1885年,读与419规则印度电讯报》(修正案)规则,2007年。
法律上是明确的,除非它是国家安全或刑事调查,cdr是不允许被检索。
反对党领袖拉梅什Chennithala告诉本报,“这是一个非常敏感的问题,会导致严重违反个人的隐私。反对派要求,检索cdr应该是有限的接触者追踪独自一人,数据应该保密。政府应该能够确保它。让我们来看看这个。”
联盟初级外交部长V Muraleedharan检索cdr说被警察和政府目的是“闻所未闻”。“这也是一个矛盾,同样的政府担保的数据隐私’却反其道而行之。”
Puttaswamy情况下,最高法院已经裁定,识别区域的隐私只是承认,每个人都必须有权图的过程,追求个性的发展。“隐私是一种内在的异质性,个人的权利是不同的和反对的浪潮在创建一个整合的孤独。隐私保护的个人搜索的宣传事项,是他或她的个人生活,”判决说。
在电话拦截的情况下,有一个更复杂的过程,由内政大臣授予许可,并由一个委员会是进一步审查由首席部长法律秘书和秘书一般行政部门。
然而,一些专家指出,尽管cdr不能检索被警察没有一个人同意,在传染病事故中,有一项默示同意从公民为了共同利益。“在这个具体问题,除非一个人明确说“不”他的CDR被检索和用于制备路线地图,这是暗示他同意了。但是如果他否认,警察不能这么做,除非他犯了一些严重的犯罪,”雅各布Punnoose前州警察局长说。
前警察接管接触者追踪和准备Covid-19患者的路线图,卫生部门过去依赖自愿披露的人遇到和她或他去过的地方。
THIRUVANANTHAPURAM: Kerala, whose scientific contact-tracing strategy in the initial weeks of the pandemic became a model for others to follow, has now worked up an ethical and legal storm with a controversial police decision to collect call detail records<\/a> (CDR) of Covid-positive citizens and draw up “route maps” to trace those who came in contact with them.
Opposition parties and legal experts have termed the move a serious breach of privacy, citing the Supreme Court’s 2017 judgment in the K S Puttaswamy versus Union of India case.
Coronavirus: Live updates<\/strong><\/a>
“The decision to retrieve CDRs of infected citizens is a gross infringement on the right to privacy. The right to privacy of an individual has been explained in detail in the Puttaswamy case by the Supreme Court. The police can seek information in specific crime cases, but people cannot be put under surveillance in this manner. This is not a police state,” former state law secretary B G Hareendranath said.
The police justified the move as a necessary evil to fight the pandemic. CM Pinarayi Vijayan added to the outrage by admitting that “it has been going on for a few months now”.
In a circular to all senior police officers on Wednesday, Kerala DGP Loknath Behera said the ADGP (intelligence) and the ADGP (headquarters) should be in touch with BSNL<\/a> to ensure that CDRs are promptly made available when necessary. “They will also take up the matter with Vodafone<\/a>, as in some places they are delaying sending CDRs,” the circular states.
Sources said some telecom service providers had been hesitant in sharing CDRs.
Vijayan said the data collected by the police won’t be used for any other purpose other than mentioned. “Law enforcement agencies can collect such details. This is the best means for contact tracing<\/a>. The data won’t be used for any other purpose,” he said.
The police said CDRs were their best bet in drawing up route maps of Covid-positive individuals with precision, although there is no provision in the law for sourcing and checking call records of an individual for medical surveillance. In 2016, the ministry of home affairs had issued guidelines to all states on seeking CDRs under the statutory provisions contained in Section 92 of the Code of Criminal Procedure, 1973, or Section 5(2) of the Indian Telegraph Act, 1885<\/a>, read with Rule 419A of the Indian Telegraph (Amendment) Rules,<\/a> 2007.
The law is clear on this — unless it is for a matter of national security or criminal investigation, CDRs are not allowed to be retrieved.
Leader of the opposition Ramesh Chennithala told TOI, “This is a very sensitive issue that can lead to a serious breach of the privacy of individuals. What the opposition demands is that retrieving CDRs should be limited to contact tracing<\/a> alone, and the data should be kept confidential. The government should be able to ensure it. Let us see how this turns out.”
Union junior external affairs minister V Muraleedharan said retrieving CDRs for the purpose cited by the police and the state government was “unheard of”. “It is also a contradiction that the same government which vouches for data privacy is doing the opposite.”
In the Puttaswamy case, the Supreme Court had ruled that recognising a zone of privacy was but an acknowledgement that each individual must be entitled to chart and pursue the course of development of personality. “Privacy is an intrinsic recognition of heterogeneity, of the right of the individual to be different and to stand against the tide of conformity in creating a zone of solitude. Privacy protects the individual from the searching glare of publicity in matters which are personal to his or her life,” the judgment said.
In the case of telephone interception, there is a more intricate procedure in which permission is granted by the home secretary, and the matter is further reviewed by a committee comprising the chief secretary, law secretary and secretary of the general administration department.
However, some experts point that even though CDRs cannot be retrieved by the police without the consent of a person, in the event of a pandemic, there is an implied consent from a citizen to do so for the common good. “Unless, in this specific issue, a person specifically says ‘no’ to his CDR being retrieved and used for preparing route maps, it is implied that he has given consent to it. But if he denies, the police cannot do so, unless he has committed some grave crime,” former state police chief Jacob Punnoose said.
Prior to the police taking over contact tracing and preparing the route maps of Covid-19 patients, the health department used to rely on voluntary disclosure on who the person met and the places she or he visited.
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