10 things you should know about the Criminal Procedure (Identification) Bill 2022
What powers does it give to investigating officers?Collect and store biometric, physical, and biological samples of those convicted, arrested, or held in preventive detention.
What data can they collect?Finger impressions, palm-print, footprint impressions, photographs, iris and retina scans, physical and biological samples, and their analyses.
Can they collect any other data?They can collect behavioral attributes (signatures and handwriting) and examinations per sections 53 and 53(A) of the criminal procedure (including blood, semen, hair samples, swabs, and analyses such as DNA profiling).
How long can investigating agencies store these data?Seventy-five years in digital format.
Does the law allow the deletion of data?Yes. In cases, 'arrested persons' are not previously convicted and released without trial, discharged, or acquitted by the court.
Can agencies forcefully collect data?Yes. Of those arrested for crimes against women and children or for offenses that carry seven years and more of imprisonment.
Who can direct data collection?From the ranks of Head constables in police stations and Head warders in prisons and above.
What does the Government say about the new bill?It will equip law enforcement with modernization and help increase the conviction rate.
What does the opposition feel?They have termed the bill 'draconian.' They fear it will lead to greater state surveillance and violation of privacy and fundamental rights of citizens.
What do experts on law and data security say?A lack of in-built safeguards can lead to potential data breaches. For example, storing data for decades can result in leakages. Also, the deletion of data remains obscure.