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ACIC Thinks There Are No Legitimate Uses Of Encryption. They’re Wrong, And Here’s Why It Matters
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Published 5 hours ago:
May 21, 2021 at 3:00 pm
Australia’s parliament is considering legislation to give new powers to the Australian Criminal Intelligence Commission (ACIC) and the Australian Federal Police. These powers will allow them to modify online data, monitor network activity, and take over online accounts in some circumstances.
Last week, in a submission to parliament regarding the proposed powers, ACIC made an inaccurate and concerning claim about privacy and information security. ACIC claimed “there is no legitimate reason for a law-abiding member of the community to own or use an encrypted communication platform”.
, the 9-judge constitutional bench explicitly crystallized the concept of a fundamental right to privacy under Art. 21 of the Indian Constitution. Similar to other fundamental rights under Part-III, the Court held that the said right is not absolute. Nevertheless, it was articulated that every State action interfering with the privacy of an individual, to be construed as being constitutionally valid, must satisfy the notable three-fold test. The third prong of this test obligates that State actions intruding into the privacy must satisfy the test of proportionality.
This leads us to the obvious question, that is,
what does the test of proportionality necessitate?