‘Must ensure guidelines’: SC to govt on search or seizure of digital devices

The Supreme Court has told the Centre to come up with “better guidelines” to govern the seizure of devices of individuals, particularly media professionals, while reiterating that privacy is a fundamental right, Bar and Bench reported.

The court’s remarks came on Tuesday when it was hearing a petition filed by the Foundation for Media Professionals seeking such guidelines. It is seized of a similar petition filed by a group of five academicians and researchers.

“It’s a serious matter. These are media professionals who will have their own sources and other things. There must be some guidelines. If you take everything away, there’s a problem. You must ensure that there are some guidelines,” Justice S K Kaul told Additional Solicitor General S V Raju.

The bench also included Justice Sudhanshu Dhulia, who pointed out that “they are supposed to give you the hash value (of the seized device)”.

Raju, however, said the government cannot be stopped from examining such devices. “But there are anti-nationals who may ... We cannot be shut out completely. Media cannot be above the law.”

The court said overarching powers to the government in the absence of guidelines would be dangerous. It gave the Centre a month’s time to suggest what guidelines could be put in place.

In August 2022, the Supreme Court had asked the Centre to file a fresh reply to the petition filed by the group of researchers after observing that the counter-affidavit was not satisfactory.