There are good and bad situations that we have to face in our life. This is a part of it and no one can run away from it. But, this article brings you a great help or tip, whatever best suits you, to protect you from law enforcement that compels you to hand over your device and share all the personal data with the law. It is always advised to follow the law but, there might be some situations that might require the need to hand over your smartphone to the law. As much as this sound’s scary, but the fact of the matter is, your smartphone contains all the personal information anyone can use against you to malign your life.
And, it is the invasion of privacy if someone even from the law asks you to hand over your smartphone, and moreover, search your personal data. However, there are certain circumstances under which your computer devices that include a smartphone, desktops/laptops, etc to be checked by authorized personnel. Detailed information about Section 69 of the IT Act 2000 in India is given below and it would not hurt anyone if you can go through the words written below as it is meant for your benefit only;
82 [ 69 Power to issue directions for interception or monitoring or decryption of any information through any computer resource.
- Where the Central Government or a State Government or any of its officers specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may, subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource.
- The procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed.
- The subscriber or intermediary or any person in-charge of the computer resource shall, when called upon by any agency referred to in sub-section (1), extend all facilities and technical assistance to-
(a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or
(b) intercept, monitor, or decrypt the information, as the case may be; or
(c) provide information stored in computer resource.- The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.]
Source: Indiakanoon.org
(Similarly, it is the violation of the Fourth and Fifth Amendments of any U.S. citizen when the police force you to unlock your phone with your fingerprint.)
