Enhancing Data Privacy within Criminal Justice System in India: The Case for a ‘Privacy by Design’ Framework in the Digital Era
Author : Neha Agarwal
Abstract :
The legislature's adoption of a criminal procedure model not only encourages a thoughtful examination of the standards for applying criminal sanctions but also sheds light on what those standards should ideally be. A noticeable movement away from the 'due process model' towards the more prevalent 'crime control model' is unfolding in India. This profound shift is reflected in the overarching goal of criminal laws, which increasingly emphasize crime prevention over procedural fairness, frequently leading to the erosion of individual privacy rights. This development, along with the stigmatizing impact of the criminal procedure, underscores the need for reforms in the criminal justice system by establishing safeguards and oversight mechanisms to regulate the power of the state and its agencies. In line with this, the paper seeks to explore the implications of the Criminal Procedure (Identification) Act, 2022 on the fundamental right to individual privacy and the potential conflicts that may emerge between the legislation's goals and its practical application. The paper offers a critical examination of the provisions of Act-2022 through the lens of fundamental principles of the criminal justice system and the constitutional right to privacy. To tackle these legal challenges, the concluding section of the paper recommends strategies to address privacy concerns in the digital age by integrating a ‘Privacy by Design’ framework into Act-2022.
Keywords :
Data privacy, privacy-by-design, criminal identification, due-process model, proportionality test, judicial construct
