Context: Recently, a U.S. court ruled that Israel’s NSO Group was liable for installing Pegasus (a spyware) on the phones of targeted individuals through WhatsApp. This raises the threats of state-sponsored surveillance on the citizens. In order to protect privacy and data security and to evade the risks of unchecked surveillance practices, India needs a surveillance reform.
Relevance of the topic:
Prelims: Key facts on Malwares (like Pegasus).
Mains: Detailed question on needs for reforms in surveillance system in India.
About Pegasus
- Pegasus is a spyware developed by a private Israeli cyber-security firm (NSO Group) which can infiltrate mobile phones and can be used for eavesdropping and harvesting individual’s data.
- There are reports that Pegasus was used to keep surveillance of 300 individuals in India including rights activists, journalists, judges, ministers, opposition leaders etc.
Associated Concerns with Spyware Surveillance
- Erodes press freedom: The surveillance through spyware will impact press freedom and the ability to report without fear. India already ranks 142/180 in the Press Freedom Index released by Reporters without Borders.
- By-passes existing laws: A traditional surveillance was based on provisions of Indian Telegraph Act 1885 and IT Act 2000. But spying through spyware can be used to bypass the 'due process’.
- Scope of misuse: A spyware surveillance can be used against political adversaries and dissenting voices threatening democratic principles. Report suggests that Opposition leaders were spied on using Pegasus.
Need for Reforms in Surveillance System in India:
- Lack of Oversight Mechanism: Current laws like Section 69 of IT Act, Indian Telegraph Act (ITA), 1885 and Interpretation Rules of 2009 grant government surveillance powers without independent legislative oversight, potentially enabling unchecked surveillance by concentrating power within the executive.
- Violation of Fundamental Rights: The fundamental rights like Article 19 and Article 21 push the idea of freedom of speech and personal liberty respectively. Surveillance violates both the rights.
- Lack of Transparency: The government has implemented various surveillance programs, such as the CMS, NETRA and NATGRID facing criticism for their lack of transparency and potential for abuse.
- Risk from Emerging Technologies: New emerging technologies like spywares and 'No click viruses’ have made unofficial surveillance easy, so reforms are required in the IT Act.
- Issues with Data Protection Act: Laws like the Data Protection Act are criticised for giving extensive exemption to the government agencies, allowing them to access personal data with minimal accountability.
Also Read: Surveillance in India
Recommended Reforms in Surveillance:
- Concretisation of laws: The ambiguous provisions like section 69 of IT Act need to be made more clear to avoid executive misuse. Revisions in the IT Act and the Indian Telegraph Act to incorporate strict safeguards for their misuse.
- Judicial Oversight: The surveillance needs to be made synchronous with the judicial process to follow 'due process’ during surveillance, respecting one's Right to speech and personal liberty.
- Promote transparency: Allowing information about the data of surveillance of individuals through Right to Information.
- Using legal means: There should be a clear policy to avoid the misuse of spyware to ensure accountability of surveillance.
- Integration with Global standards: Nations like the US and European Union Nations have strict data protection laws ensuring transparency and accountability in surveillance. E.g., EU’s GDPR.
Surveillance is the key component to ensure the public order, security and integrity of the nation. But, use of unofficial means like spyware can hamper personal liberty and freedom of speech. There should be a clear and prompt policy on surveillance to promote the fundamental values ascribed in the constitution.