Source: Hindustan Times

Introduction

Data is the most sensitive asset in modern times and mobile phones have a compilation of their owner’s deepest intimacies. Many countries have data protection laws that regulate the collection, processing, and storage of personal information. Privacy laws often address the collection and use of location data by mobile devices. Courts through several judgments have discussed the impact of privacy laws on the data feed in a smartphone.

What are the Opinions of Courts on Smartphone Data Privacy?

• Riley v. California (2014):
  • Chief Justice Roberts held that “Modern cell phones are not just another technological convenience. With all they contain all they may reveal, they hold for many Americans ‘the privacies of life’. The fact that technology now allows an individual to carry such information any less worthy of protection for which the Founders fought.”
  • The court in this case held that police may search for information and seize a smartphone with a warrant.
• Justice K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors. (2019):
  • The Supreme Court identified different facets of privacy including communication privacy, associational privacy, information privacy, decisional privacy, intellectual privacy, and behavioral privacy.
  • The extension of data privacy to smartphones covers several aforementioned facets.
• Virendra Khanna v. State of Karnataka (2021):
  • The court in this case observed that “The court itself cannot suo moto order for furnishing of the password, passcode or Biometrics”.
  • The Court is not part of the investigation. The Court can only act on an application being filed by either of the parties.

How Law Can Aid Smartphone’s Data Privacy?

• Sensitive pictures are protected by the Information and Technology Act, 2000 so that the owner’s privacy does not get violated.
• Laws regarding wiretapping and electronic communications may restrict the interception of phone calls and text messages.
  • In many jurisdictions, it is illegal to intercept communications without the consent of the parties involved.
• Governments may have legal authority to access certain information on cell phones for national security or law enforcement purposes.
  • Hence, the Government of India introduced Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 to protect the individual’s data and regulate intermediaries.
• The Government has also introduced the Digital Personal Data Protection Act, 2023 to shield privacy from violation.

What is the Importance of Legal Measures for Data Protection on Smartphones?

• Smartphones contain a wealth of personal information, including contact details, messages, photos, and more.
  • Legal protections ensure that this information is not misused or accessed without consent.
• Many smartphones are linked to financial accounts and mobile payment systems.
  • Legal safeguards are necessary to prevent unauthorised access to financial information, reducing the risk of identity theft and fraud.
• Smartphones are widely used for professional purposes, often storing sensitive business information which is required to be protected legally.
• Knowing that there are legal safeguards in place fosters consumer trust in using smartphones and associated services. This, in turn, encourages greater adoption of digital technologies.

Way Forward

• Proper guidelines and directions must be there for issuance of notice to the person whose data through seizure of smartphone is going to be used.
• If someone fails to respond to the notice a search warrant must be issued.
• Any infringement of sensitive data’s privacy will impact the doctrine of self-incrimination under Article 22 of the Constitution of India, 1950 along with Article 21 of the Constitution of India, 1950.