SC rejects ADR plea to get permit access to voters list in machine-readable voters list
Might compromise voters' privacy, says bench
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New Delhi: The Supreme Court has orally refused to permit making the machine-readable voters list available, clarifying that this might compromise the voters’ privacy.
The SC bench of Justices Surya Kant and Bagchi, heard on Tuesday the petitions challenging the Special Intensive Revision (SIR) of the electoral rolls, which will be held by the Election Commission of India’s (ECI) in Bihar, Tamil Nadu, Pondicherry and West Bengal, among other states, according to a report by LiveLaw.
The judges said that, as the Election Commission of India (ECI) held the voters’ data in trust, it had the right to adopt methods to ensure the data remained protected. The judges, however, directed the ECI to find password-protection techniques that give easy access to an individual but prevent unauthorized access.
Senior advocate Prashant Bhushan, who represented the Association for Democratic Reforms (ADR), said that the NGO had filed an interlocutory application seeking a direction to the ECI to provide the 2002 voters list in machine-readable format to help voters confirm if their parents’ names are included.
The lawyer also said that no prejudice would be caused if the ECI made the data available in searchable form.
Justice Bagchi, however, expressed privacy concerns regarding sharing of voters’ data in the format and, referring to an earlier case, said that electoral rolls need not be furnished in machine-readable format.
The judge said that, as it was a matter of privacy and data protection, making the machine-readable format could open doors to ‘data mining’ by third parties. Also, he said that the suggestion may be deliberated upon by the parties.
"Let's get the ECI's response on what kind of dangers it can pose", said Justice Kant.
"A prejudice is [per se]... data available at large for mining, irrespective of individuals, any agent... have to take into consideration the issues of individual privacy, collective protection of data of Indian citizens. This is not adversarial. It has a polycentric impact. Independent of the rights of a person who is seeking to vote, the data itself is a valuable asset. That the ECI is holding in trust. What you may suggest, and the ECI may consider, that the individual may have a password to access the data. That's how the individual can verify his data from the encrypted database of ECI. The data is valuable asset entrusted to the ECI. So ECI is entitled to have layers of privacy on the data", Justice Bagchi stated.
On Bhushan mentioning ADR's application seeking inter-alia electoral roll data in machine-readable form, the bench issued notice for the ECI to respond. The judges found "good" a suggestion made by ADR that de-duplication software available with ECI be used to tackle multiple entries of one individual in the rolls.
The Court sought the ECI's response to the application and posted the matter to November 26.
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Two arrested in K'taka for assaulting minors, uploading CSAM content
Bengaluru (PTI): Two men were arrested for allegedly sexually assaulting two minor girls, recording the acts on mobile phones and uploading the videos online as child sexual abuse material, police said on Thursday.
The accused have been identified as Kiran Kumar (29), hailing from Chitradurga district, and Aditya M K (20), hailing from Shivamogga district, they said.
A probe was initiated after information was received from the NCRP portal regarding a suspected instance of creation of Child Sexual Abuse Material (CSAM) for online dissemination, police said.
Accordingly, a case was registered at Kaggalipura Police Station under relevant sections of the IT Act on May 10, they added.
Investigation revealed that two minor girl victims were exploited and videos were created and uploaded to the internet. The child victims have subsequently recorded their statements as per procedure and further necessary legal steps have been taken, Pronab Mohanty Director General of Police, Cyber Command, said in a statement.
Based on the statements of the victims, the accused persons, who allegedly assaulted the minors, recorded the acts on mobile phones and uploaded the videos online, were arrested, he said.
Following the probe, sections 65(2) (rape) and 70 (gangrape) of the Bharatiya Nyaya Sanhita, along with relevant sections of the POCSO Act, have been added to the FIR, police said.
Officials collected relevant information and on May 12, arrested the accused persons and seized three mobile phones belonging to them, in which the videos had allegedly been recorded, he said.
The accused were later produced before the court and taken into police custody for further investigation, he added.
According to him, in CSAM cases, police usually apprehend offenders who have downloaded such content or have kept them in their possession after obtaining them from elsewhere, usually the internet.
"The present case is one of the very few instances where content creators and uploaders have been apprehended," Mohanty added.
