Karnataka HC Orders Action Against Investigating Officer Who Leaked Private Data Of The Accused

KEY TAKEAWAYS

• The investigating officer has no right to disclose the data retrieved through e-gadgets to a 3rd party; without the permission of the concerned court.
• The order passed by trial court to provide password to open email account and smartphone was held improper, illegal and thus set aside by HC.
• The court laid down procedure to examine email accounts or smart phones.
• No polygraph test can be administered without the consent of the person on whom it is to be administered.

BACKGROUND DETAILS

• A Petition was filed before a single bench of Karnataka HC by Virendra Khanna an accused in the famous Sandalwood Drug Case.
• The writ petition was filed under articles 226 & 227 of Indian Constitution and Section 482 of CR.PC praying to quash the order of trial court.

FURTHER DETAILS

• The court held that any investigating officer who leaks private data to 3rd party should be proceeded for dereliction of duty.
• But it also held that a search warrant is necessary for the examination of smart phones, laptops and email accounts of an accused.
• “The responsibility of safeguarding the data which would impinge the privacy of the person is always on the investigating officer” ~ Justice Suraj Govindaraj.
• The court cannot issue any directions to the accused to furnish passcode, passwords, biometric, etc. neither direct to co-operate.

CONCLUSION

In today’s world where freedom of speech and expression is a right considered as a tool for people’s voice likewise the right to privacy has also become quite important in one’s life.

Though during any investigation, recovery of data is needed which may even include private information but it has been rightly pointed out by the court that to retrieve any data, proper procedure needs to be followed and such data shouldn’t be disclosed to any 3rd person.

In the name of co-operating with the police, would you give password of your gadgets which may contain private information or would you object ? Let us know in the comments section below!