Delhi HC notice to Centre on plea challenging new criminal data law

The Delhi High Court has sought responses from the Centre and others on a plea challenging the Criminal Procedure (Identification) Act, 2022. Filed by two students, the petition claims the law allows excessive data collection and violates privacy.

The Delhi High Court on Wednesday issued notice to the Central Government, the National Crime Records Bureau (NCRB), and the Delhi Government on a plea challenging the Criminal Procedure (Identification) Act, 2022 and the associated Rules, which the petitioners allege allow excessive collection of personal data and violate fundamental rights. A Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued notice on the plea, which claims the law allows excessive collection of personal data and violates fundamental rights.

Details of the Challenged Legislation

The 2022 law allows police and prison authorities to collect and store various types of personal data, including fingerprints, photographs, iris and retina scans, biological samples and behavioural details such as signatures and handwriting. These provisions apply not only to convicted persons but also to individuals who are arrested, detained, or asked to furnish security for good behaviour. The Act replaced the Identification of Prisoners Act, 1920 and greatly widened the scope of data collection.

Petitioners' Allegations and Arguments

The petition has been filed by two university students who were detained last year after taking part in a peaceful protest. They allege that police officials forced them to provide biometric details, including photographs and fingerprints, and made them sign search slips without giving them copies. The plea also states that no similar FIR was registered against one of the petitioners, yet their biometric data was collected.

Senior Advocate Diya Kapur, appearing for the students, argued that even people accused of minor offences could have their measurements stored in national databases maintained by the NCRB. She said this raises serious privacy concerns and questioned whether such data collection is justified for minor allegations. She relied on the Supreme Court's privacy ruling in K.S. Puttaswamy v. Union of India to argue that the right to privacy must be protected.

Concerns Over Scope and Proportionality

According to the petition, the law gives authorities very broad powers to collect sensitive personal information from almost anyone who comes into contact with the criminal justice system. It argues that the inclusion of undefined "behavioural attributes" makes the law highly intrusive and allows excessive data collection from convicts, undertrials and even detainees.

Data Storage and Sharing Risks

The plea further claims the law is disproportionate and lacks proper safeguards. It points out that the data can be stored for up to 75 years and that there is no clear legal procedure for destroying the records. The petition also raises concerns about provisions allowing the NCRB to share such data with other law enforcement agencies, which could lead to profiling or misuse.

While acknowledging that preventing and investigating crime is a legitimate aim, the petition argues that the law goes too far and violates constitutional protections under Articles 14, 19(3), 20(3) and 21. The petitioners have prayed the court to declare the law unconstitutional, quash the actions taken against them and order the deletion and destruction of their biometric data.

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