SFLC.in has written a letter to Shri Shashi Tharoor, Chairperson of the Parliamentary Standing Committee on IT, containing suggestions for the Parliamentary Standing Committee on IT meeting with the representatives of MeitY, MHA and the Ministry of Communications (DoT) on “Citizens’ data security and privacy” which is to be conducted on July 28, 2021.
The letter also highlights the implications of the Pegasus controversy and its impact on constitutional rights in India.
A copy of the letter can be found below:
July 23rd, 2021
To,
Shri Shashi Tharoor,
Member of Parliament (Lok Sabha)
Chairperson,
Parliamentary Standing Committee on Information Technology
97, Lodhi Estate,
New Delhi – 110003
Email: office@tharoor.in; shashi.tharoor@nic.in
Respected Sir,
Subject: Suggestions for the Parliamentary Standing Committee on IT meeting with the representatives of MeitY, MHA and the Ministry of Communications (DoT) on “Citizens’ data security and privacy on July 28, 2021
Greetings from SFLC.IN!
SFLC.IN is the first Indian legal services organization that works exclusively on technology, law, and policy. As a not-for-profit organization engaged in the empowerment of Indian citizens about their digital freedom and rights, it operates as a collective bringing together different stakeholders to a common platform to further the cause of digital rights. SFLC.in promotes innovation and open access to knowledge by helping policy makers make informed and just decisions regarding the use and adoption of technology. As of 2020, SFLC.in is the only Indian organization to be inducted as a member of the IFEX, a global network to defend the right to freedom of expression and information.
We write this letter to voice some of our concerns surrounding the Pegasus controversy. We also wish to make some suggestions on how the Parliamentary Standing Committee on Information Technology (“the Committee”) in its meeting on “Citizens’ data security and privacy” which is being held on Jul 28, can address this issue to the benefit of all the stakeholders.
The Pegasus issue has had a catastrophic effect on the right to privacy of citizens and it shows a blatant disregard for the principles outlined in the Puttaswamy judgment in 2017. It has also impacted the rights of citizens to express themselves freely. The right to freedom of speech and expression as enshrined under Article 19(1)(a) of the Constitution of India implies that every citizen has a right to express his or her views freely. The leaked database has shown that the list of potential targets includes journalists, human rights activists, constitutional authorities, and some important political figures. In such a scenario, the Committee has the arduous task of ensuring that our democracy does not fall victim to a surveillance state.
This is the second occasion within a span of two years, when the central government has escaped accountability and has refused to give clear answers to the questions raised in parliament. The NSO group has consistently maintained that it only sells surveillance technologies to law enforcement agencies or governments and it does not sell it to private players. If that is correct, it begs the question, who is using Pegasus in India to spy on Indian citizens? Taking into account these facts, it becomes imminent for the Committee to seek answers and to make the government accountable on this issue, in public interest.
We request that before the Committee conducts the meeting on July 28, civil society organizations, the individuals who have been impacted and all the other stakeholders should be consulted. We also recommend that as an outcome of the entire process, the Committee should publish a report containing all of its findings on this issue. The said report should be published within a set time frame, which may not be later than 2 months from the date of the scheduled meeting. This is an unprecedented situation and considering the impact of surveillance on our democratic functioning, the Committee’s findings and knowledge should not be kept shrouded in secrecy like previous times.
In light of the deepening crisis, we urge you to decide the course of the Jul 28 meeting after paying due consideration to the points mentioned in this letter. It is imperative that the government and its agencies should, at all times, attune their actions in line with the values and principles enshrined in our constitution. It is also important for all our democratic institutions to keep a check on the functioning of the government. It must be ensured that no action or policy decision can authorize or permit government agencies to monitor or hack into citizens’ devices to spy on them or to collect information in bulk. We request that in order to resolve this crisis and to ensure more transparency, a proper investigation should be launched into the Pegasus scandal and detailed clarifications should be issued by the government, to clear the air on this entire controversy.
We hope that due consideration will be paid to the concerns highlighted in this letter and the people of this country will not be denied their right to hold the government accountable for its actions. These are difficult times and the rights guaranteed in our Constitution cannot be held to ransom as per the whims and fancies of the government. The right to privacy and the right to freedom of speech and expression are essential tenets of our constitutional framework and these rights should be protected against any executive action that is arbitrary and unconstitutional.
Yours Sincerely,
Prasanth Sugathan
Legal Director,
SFLC.IN
prasanth@sflc.in
