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Investigating Officers Who Leak Private Data of Accused Persons Should Face Action: Karnatka HC


Investigating Officers Who Leak Private Data of Accused Persons Should Face Action: Karnatka HC
The court also laid down the procedure that an investigating agency must follow to examine the smartphone or email accounts of a person.
Karnataka high court. Photo: Sidharth Telang/Flickr CC-BY-NC 2.0
Rights15/Mar/2021
New Delhi: Delivering a significant verdict, the Karnataka high court on March 12 laid down the procedure that an investigating agency must follow to examine the smartphone or email accounts of a person, also holding that action should be taken against investigating officers who leak private data of accused persons to third parties.
LiveLaw, the high court held that an investigating officer has “no right” to disclose private data seized from the smartphones or electronic gadgets of an accused to a third party, “without the written permission of the concerned court”. Any investigating officer who leaks private data to a third party should be � ....

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Probe officers can face action if private data is leaked: Karnataka High Court


‘They should safeguard information retrieved from gadgets’
The High Court of Karnataka has declared that action for dereliction of duty or other proceedings can be initiated against investigation officers (IOs) if they are found to have furnished to any third party, data retrieved from electronic gadgets that could impinge on privacy of any person connected to the probe in criminal cases.
The court also declared that it is the responsibility of the officers to safeguard the information or data retrieved from electronic gadgets such as smartphones, computers, laptops and storage units, including cloud-based storage, email accounts, etc.
“The disclosure, making public or otherwise in court proceedings, would have to be determined by the judge of the court concerned by passing a judicial order. In no case could such details or data be provided by the investigation officer to any third party during the course of investigation without the written permission from the ....

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