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<ul><li>India’s three main surveillance projects — <keyword id="109740" type="ORGANIZATION" weightage="20" keywordseo="NATGRID">NATGRID</keyword>, <keyword id="15615" type="CITY" weightage="20" keywordseo="cms">CMS</keyword>, and <keyword id="26425" type="CITY" weightage="20" keywordseo="Netra">NETRA</keyword> — have been directed to stop collecting data by the Delhi High Court. </li><li>The order comes as public interest litigation (PLI) filed by lawyer Prashant Bhushan on behalf of the CPLI cited that there is ‘insufficient oversight’ allowing the mass surveillance of Indian citizens and breaking their <keyword id="515140" type="PERSON" weightage="20" keywordseo="right-to-privacy">right to privacy</keyword>. </li><li>NATGRID has access to 12 categories of data, CMS can listen in on your phone conversations, and NETRA can track everything you do online. </li></ul>The Delhi High Court has issued a notice today asking India’s central government to stop collecting data through their three main surveillance systems — National Intelligence Grid (NATGRID), Central Monitoring System (CMS) and Network Traffic Analysis (NETRA). The notice is in response to public interest litigation (PLI) filed by lawyer and activist Prashant Bhushan on behalf of the NGO called the Center for Public Interest Litigation (CPIL). In the appeal, Bhushan argues that the three systems create a net of 360-degree surveillance on Indian citizens. They allow central and state law enforcement agencies to intercept and monitor all telecommunications in bulk which is an infringement of individuals’ fundamental right to privacy. <div type="twitter" handle="barandbench" handlename="Bar &amp; Bench" image="http://pbs.twimg.com/profile_images/1304761912068984833/5-qPfQOb_normal.jpg" favoritecount="55" retweetcount="8" status="#Breaking: Delhi High Court issues notice in PIL to direct Centre to stop collection of data through NATGRID, Centr… https://t.co/SkXhSb80Gl" createdat="1606888535000" id="1334013320572014592"></div> The plea further contends that there is an ‘insufficient oversight mechanism’ to authorise and review the interception and monitoring orders issued by the state agencies under the existing legal framework. What are NATGRID, NETRA and CMS? NATGRID, NETRA and CMS are surveillance systems. This means they collect data in order to keep an eye out for anything that could threaten national security. NATGRID allows investigation and law enforcement agencies to access real-time information from data stored within agencies like the Income Tax Department, banks, insurance companies, the Indian Railways, and other offices. There are a total of 21 categories of data that NATGRID has access to. Where the NATGRID has access to real-time data, CMS is centralised telephone interception provisioning system. And, it’s exactly what it sounds like. It can bypass the middleman — the telecom companies — to directly monitor text messages, social media posts and phone calls. NETRA is the third leg of India’s security infrastructure. While the CMS is tapping into your phone’s network, NETRA is watching everything you do online — not just on social media. It can monitor any text-based messages containing direct messages on Facebook, within your personal emails or online blogs. Using filters and keywords, it can identify words even in encrypted messages. How does NATGRID undermine the right to privacy? NATGRID was established through governmental notifications rather than through legislation passed in the Parliament. Even though it helps the project come to fruition faster, it also undermines the system of checks and balances essential to a democracy, according to <a href="https://www.prsindia.org/theprsblog/natgrid-should-parliament-have-role">PRS India</a>. Considering that NATGRID can access information of private individuals, it also has a bearing on their fundamental rights — like the right to privacy, as cited by Bhushan. Unlike India, countries like the US and the European Union (EU) have comprehensive privacy laws. They include the conditions under which access to databases would be allowed and limitations on how such data can be used. UIDAI, like NATGRID, was formed using governmental notifications. It was established as an executive authority, and still functions without a statutory mandate. What roles to CMS and NETRA play? The underlying logic for developing CMS and NETRA was to monitor terrorist activities mainly after the terrorist bomb attack in Mumbai on November 26, 2008. With both of them, the problem again boils down to a lack of transparency in the absence of data protection laws. The general public has no way of knowing if and when a person’s data has been intercepted or how data is being used. CMS and NETRA allow for mass surveillance with the potential to target large groups of people without a valid reason. To solve for the lack of transparency, the PLI filed by Bhushan seeks the creation of a permanent independent oversight body — either judicial or parliamentary — for issuing and reviewing lawful interception and monitoring warrants under the enabling provisions of the Indian Telegraph Act, 1885 and the Information Technology Act, 2000. SEE ALSO: <a href="https://www.businessinsider.in/tech/apps/news/fortnites-biggest-ever-event-saw-15-million-players-3-million-viewers-and-took-twitch-down/articleshow/79523514.cms">Fortnite's biggest ever event saw 15 million players, 3 million viewers and took Twitch down</a> <a href="https://www.businessinsider.in/science/health/news/pfizer-covid-19-vaccine-can-survive-in-fridge-for-five-days-claims-company/articleshow/79526886.cms">Pfizer claims its newly approved COVID-19 vaccine can survive without sub-zero temperatures for five days</a> <a href="https://www.businessinsider.in/tech/apps/news/google-maps-has-a-new-community-feed-which-looks-a-lot-like-yelp-or-tripadvisor-on-steroids/articleshow/79525031.cms">Google Maps has a new 'community feed', which looks a lot like Yelp or TripAdvisor on steroids</a>

India's three main surveillance projects NATGRID, CMS and NETRA have been directed to stop collecting data citing breach of privacy

The agency behind the world’s largest biometric identification system drops its plan to monitor online activity

<ul><li>The Communist Party of India - Marxist (CPI-M) is the only political party in India to include digital privacy in its election manifesto. </li><li>Their objectives include putting a stop to ‘bulk surveillance’ and scrapping the Aadhaar biometric identification for social welfare measures. </li><li>Other political parties in India are yet to unveil their election manifestos. </li></ul>The Indian general election, the world’s largest and most expensive democratic exercise, is only two weeks away but only one party is promising digital privacy in its election manifesto — the Communist Party of India - Marxist (CPI-M). The party is not only promising to stop ‘bulk surveillance’ but also scrap the Aadhaar biometric system of identification for welfare measures, which has faced its fair share of <a href="https://www.businessinsider.in/nine-years-later-80-of-indians-are-still-not-convinced-the-worlds-largest-biometric-id-system-is-secure/articleshow/64406235.cms">controversy</a> since its initiation like the data breach in 2018 where the information of 1.1 billion people was <a href="https://www.businessinsider.in/Here-are-the-most-controversial-data-breaches-of-2018-that-affected-Indian-users/Quora/slideshow/67155554.cms">exposed</a>. <div type="image" title="Excerpt 1_" msid="68628377" hostid="261" caption="&amp;lt;p&amp;gt;Excerpts from CPI-M&amp;#39;s election manifesto &amp;lt;/p&amp;gt;"></div>

 Section 69 of the Information Technology (IT) Act has often been <a href="https://timesofindia.indiatimes.com/blogs/toi-editorials/a-spy-state-home-ministrys-blanket-surveillance-order-must-be-tested-against-fundamental-right-to-privacy/">scrutinized</a> to be in violation of citizen’s right to privacy. It was also <a href="https://www.hindustantimes.com/india-news/government-s-surveillance-order-key-to-national-security-mha-officials/story-4gNFGn0hyUuz0XrEDuq9NJ.html">challenged</a> by the Indian Supreme Court for being “illegal, unconstitutional and ultra vires to the law.” Even the draft Personal Data Protection Bill, 2018 has been under the gun for the same issue, where Section 49 allows the concentration of power to be in the government’s hand when it comes to ordering and reviewing surveillance, without necessitating any court orders to do so. A PWC <a href="https://www.pwc.in/assets/pdfs/publications/2018/an-overview-of-the-changing-data-privacy-landscape-in-india.pdf">analysis</a> cites that ‘holistic application’ of the data protection framework in should be one of the key underlying principles. <div type="ExtQuote" text="There should be clear provisions and judicial supervision of any surveillance that violates citizens privacy. Enact data privacy laws that protect the people against appropriation/misuse of users private data for commercial use." auname="Sitaram Yechury, CPI-M General Secretary while releasing the manifesto"></div>

 The manifesto also outlines curbing the monopolies of telco operators like Jio, Airtel and Vodafone. According to Caravan’s <a href="https://caravanmagazine.in/reportage/government-helping-reliance-jio-monopolise-telecom">report</a>, government decisions have had a pivotal role in helping Mukesh Ambani’s Reliance Jio consolidate its power in the telecom space. To be fair, the other leading parties of India — the Indian National Congress (INC), Bharatiya Janata Party (BJP), Bahujan Samaj Party (BSP) and Samajwadi Party (SP) — are yet to lay out their plans. State of <keyword id="7476018" type="UNKNOWN" weightage="20" keywordseo="data-privacy-in-india">data privacy in India</keyword> The CPI(M) cites the intrusion on the right to privacy, enshrined in the Indian constitution, as an ‘áttack on democracy’ in their manifesto. Even the Supreme Court has come out to say that the right to privacy should be one of the key cornerstones for a strong data privacy regime in India. According to a <a href="https://www.analyticsindiamag.com/annual-consumer-survey-on-data-privacy-in-india-2018/">survey</a> conducted by Analytics India, 79% of Indians aren’t comfortable with their data being sold to third parties. But, the Dell’s Global Data Protection Index 2018 nearly half of Indian businesses are <a href="https://www.businessinsider.in/data-protection-for-indian-businesses-inadequate/articleshow/68613117.cms">already</a> on the road of monetizing user data — that too without adequate data protection protocols in place. The United Nations Human Rights’ <a href="https://www.ohchr.org/en/issues/freedomopinion/pages/opinionindex.aspx">Special Rapporteur</a> on the promotion and protection of the right to freedom of opinion and expression has mentioned that without the full guarantee of the right to privacy of all individuals, the right to freedom of opinion and expression cannot be fully enjoyed. While other manifestos are awaited, India's bill for data privacy was introduced under the BJP. See also: <a href="https://www.businessinsider.in/india-personal-data-protection-bill-global-ceo-concerns/articleshow/68389336.cms">Here’s what global tech CEOs have to say about India's data protection laws</a> <a href="https://www.businessinsider.in/data-protection-for-indian-businesses-inadequate/articleshow/68613117.cms">Indian companies know how to sell data but not how to protect it</a> <a href="https://www.businessinsider.in/whatsapp-google-india-data-localisation-issues-npci-issues-enquiry/articleshow/66878922.cms">Whatsapp, Google yet to fully comply with India’s data localisation norms despite repeated inquiries from the government</a>

Only one Indian party promises digital privacy in its election manifesto so far

<ul><li>India wants to deploy <keyword id="731490" type="PERSON" weightage="20" keywordseo="facial-recognition-software">facial recognition software</keyword> to catch criminals off the streets but none of the laws in the country address the use of such technology. </li><li>Human rights groups and researchers asked companies to refrain from selling <keyword id="30939" type="TECHNOLOGY" weightage="20" keywordseo="facial-recognition">facial recognition</keyword> technology to governments as it could lead to increased surveillance. </li><li>In the absence of laws to govern the use of facial recognition software, the technology could undermine a citizen’s right to privacy. </li></ul>India’s facial recognition has already been tested successfully. And, the National Crime Records Bureau (NCRB) wants the system to go live with it to all law agencies, by next year. In April, the <a href="https://m.economictimes.com/news/politics-and-nation/facial-recognition-system-helps-trace-3000-missing-children-in-4-days/articleshow/63870277.cms">Delhi Police</a> used the software to identify nearly 3,000 missing children over the course of four days to try out the facial recognition software. But, there’s a catch. None of the laws in India address the use of <a href="https://www.businessinsider.in/searchresult.cms?query=facial+recognition&amp;sortorder=score&amp;curpg=1">facial recognition technology</a>. It’s not just about implementing the technology but also about how the data so collected can be potentially misused. The Home Ministry <a href="https://www.businessinsider.in/politics/policy/facial-recognition-by-national-crime-records-bureau-ncrb-will-be-used-to-spot-history-sheeters-and-missing-people-only/articleshow/70187881.cms">issued a statement</a> assuring citizens that facial recognition will only be used to track individuals on the Crime and Criminal Tracking Network Systems (CCTNS), which is the national database of Indian criminals. Misidentification Without a regulatory framework in place, facial recognition could possibly undermine the people’s right to privacy according to Pavan Duggal, an Indian cyber law expert. He points out that even with the Information Technology (IT) Act, 2000, there is no specific mention of facial recognition technology. The technology, though useful and mostly accurate, has been known to falter from time to time. There is no safety net in place that will help individuals to contest the results, if the software misidentifies a person. For instance, Amazon ‘Rekognition’ software <a href="https://www.businessinsider.in/facial-recognition-is-almost-perfectly-accurate-heres-why-that-could-be-a-problem/articleshow/68930012.cms">reportedly</a> had trouble identifying dark skinned women. There’s also an issue of transparency. Even though it’s enough to say that facial recognition will be employed to identify criminals, the actual algorithm that powers the software and its functionality are likely to stay behind layers of non-disclosure agreements. Global take Microsoft has been trying to <a href="https://blogs.microsoft.com/on-the-issues/2018/07/13/facial-recognition-technology-the-need-for-public-regulation-and-corporate-responsibility/">push</a> for facial recognition to implemented in the US to nab criminals. Microsoft’s President, Brad Smith, has <a href="https://blogs.microsoft.com/on-the-issues/2018/12/06/facial-recognition-its-time-for-action/">urged</a> the country’s law makers to put regulations in place before implementing the technology but certain states are pushing back, saying that it should be banned altogether. Amazon also<a href="https://aws.amazon.com/blogs/machine-learning/some-thoughts-on-facial-recognition-legislation/"> joined</a> Microsoft in calling for rules that deal specifically deal with facial recognition technology. <a href="https://www.businessinsider.in/Artificial-intelligence-experts-from-Facebook-Google-and-Microsoft-called-on-Amazon-not-to-sell-its-facial-recognition-software-to-police/articleshow/68721371.cms">Human rights groups</a> and <a href="https://www.businessinsider.in/an-mit-researcher-who-analyzed-facial-recognition-software-found-eliminating-bias-in-ai-is-a-matter-of-priorities/articleshow/67664512.cms">researchers</a>, globally, are up in arms asking tech companies to refrain from selling their recognition software to governments because of how it could escalate surveillance. China, on the other hand, is an <a href="https://www.businessinsider.in/one-chinese-city-is-using-facial-recognition-that-can-help-police-detect-and-arrest-criminals-in-as-little-as-2-minutes/articleshow/63374619.cms">avid </a>user of facial recognition. There are over 170 million CCTV cameras along the roads in China equipped with artificial intelligence (AI) and facial recognition capabilities. It is implemented in schools, to monitor student attitudes and stress levels; and even at fast food joints, where it’s used to try and predict a customer’s order. (with inputs from IANS) See also: <a href="https://www.businessinsider.in/facial-recognition-by-national-crime-records-bureau-ncrb-will-be-used-to-spot-history-sheeters-and-missing-people-only/articleshow/70187881.cms">Facial recognition will be used to spot history sheeters and missing people only, assures Home Ministry</a> <a href="https://www.businessinsider.in/facial-recognition-is-almost-perfectly-accurate-heres-why-that-could-be-a-problem/articleshow/68930012.cms">Facial recognition is almost perfectly accurate - here's why that could be a problem</a> <a href="https://www.businessinsider.in/cities-should-regulate-facial-recognition-instead-of-banning-it-chinas-ai-champion-sensetime-says/articleshow/69367810.cms">Cities should regulate facial recognition instead of banning it, China’s AI champion SenseTime says</a>

India is all set to deploy facial recognition but there is no law in place to keep a check

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India's three main surveillance projects NATGRID, CMS and NETRA have been directed to stop collecting data citing breach of privacy

Prabhjote Gill

The agency behind the world’s largest biometric identification system drops its plan to monitor online activity

Only one Indian party promises digital privacy in its election manifesto so far

Prabhjote Gill

India is all set to deploy facial recognition but there is no law in place to keep a check

Prabhjote Gill

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