What should you do when officials seize your electronic device during a raid? The Software Freedom Law Center, India, has now released a guide to educate Indians on how they can safeguard their personal security, privacy and rights in such instances.
Recent legislative developments have reconceptualised electronic evidence as primary evidence, which can be admitted in courts. Without adequate safeguards, such a process can cause undue infringement of a person’s fundamental rights to privacy, against self-incrimination, and freedom of speech and expression. Such devices, along with the information stored within them, provide a map of a person’s digital footprint, often involving more sensitive and privileged forms of information.
The first section of the 47-page guide lists out the basics, including who has the authority to issue the order for a search under the BNSS, UAPA, Income Tax Act, PMLA and the IT Act. It also details who is authorised to carry out these searches and who can investigate such matters.
The second section deals with what to do during a search. For example, these questions can come in handy: Do you have a warrant? Has it been served electronically? If yes, then through which medium? Which investigating agency do you represent? What is your designation? What are the allegations against me?
Readers are advised to contact a lawyer if these questions are not answered properly. They should also keep a list of devices and accounts used for analysis, to not disclose the storage locations of files, and to keep a note of all IMEI, serial numbers, and specifications of all devices taken for analysis.
The third section deals with the laws covering electronic devices. And the fourth section details the post-seizure protocol, including the requisite documentation for seized devices, and the checklist to follow once a device is returned.
The fifth section lists out measures to safeguard devices. One can use VPNs, browse the internet through the incognito mode, and keep work and personal devices separate.
In 2023, the Centre had assured the Supreme Court that it will issue “some guidelines” for the seizure of electronic devices by probe agencies, particularly those belonging to journalists. The assurance came a month after the Supreme Court asked the centre to come up with “better guidelines”, reiterating that privacy is a fundamental right. The court was hearing a petition by the Foundation for Media Professionals seeking comprehensive guidelines.
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