How Law Enforcement Uses Data: Legal vs Ethical

Introduction

Modern law enforcement depends on accessing digital data to investigate offenses and protect public safety. However, data requests, surveillance, and lawful interception bring both important legal realities and profound ethical dilemmas. Striking a balance between security and individual rights is critical. This article unpacks how Indian authorities collect, use, and regulate digital data—and why oversight and transparency matter more than ever.

Legal Pathways for Data Access in India

1. Data Requests by Police

Law enforcement agencies in India typically rely on Section 91 of the Code of Criminal Procedure (CrPC) to demand documents or data needed for investigations. Two routes are available:

A court can issue a summons.
A police officer in charge of a station can issue a written order.

For access to digital records—emails, metadata, subscriber details—agencies may also use the Indian Telegraph Act and the Information Technology Act, 2000. Notably, these frameworks permit access not only to basic information but, under certain conditions, to communication content itself1.

2.Lawful Interception: The Latest Rules

India’s interception regime is governed by the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, built under the new Telecommunications Act, 2023. Key aspects:

Only specific agencies authorized by the central government may intercept communications.
Orders must be issued by a "competent authority" (Union Home Secretary or State Home Secretaries).
Interception is a last resort—only permitted when alternate means are not feasible.
All orders are time-bound (max 60 days, extendable to 180 days) and highly specific to person or premises.
Strict recordkeeping, secrecy, and secure destruction of data are mandatory.
Oversight by Review Committees (at central and state levels) ensures compliance, can nullify non-compliant orders, and direct destruction of intercepted data23.

3. Cross-Border Data Requests

When data needed is held by foreign service providers (US-based email, cloud platforms, etc.), Indian authorities must follow international cooperation mechanisms such as the Mutual Legal Assistance Treaty (MLAT) or rely on domestic judicial authorization with additional safeguards4.

Ethical Issues and Red Flags

1. Transparency, Oversight, and Accountability

Lack of External Oversight: While committees oversee interception orders, India lacks independent judicial or parliamentary supervision for digital surveillance generally56.
Challenge of Remedies: Victims of unauthorized or excessive surveillance have few avenues to contest orders, given operational secrecy and national security claims.
Transparency Gaps: Details of government surveillance programs, such as CMS or NATGRID, are rarely made public, increasing the risk of overreach or misuse.

2. Scope and Privacy Concerns

Orders can potentially be broad, and operational secrecy means targets may never know if or why they have been surveilled.
The accumulation of vast personal data—sometimes beyond what's strictly necessary—raises concerns about misuse and privacy infringement.
There’s a risk of surveillance being diverted from its stated objective (like preventing crime) to other purposes (such as political monitoring or infringement on journalists and activists)6.

Balancing Safety and Rights

While surveillance and lawful interception are critical for law enforcement, best practices require:

Minimizing the scope of data requested—only what's necessary for a specific investigation.
Implementing rigorous, transparent, and regular external audits and legislative oversight.
Clear, accessible avenues for individuals to challenge or contest surveillance orders post-facto.
Publishing anonymized transparency reports about the number and type of data requests made—some technology companies already do this voluntarily78.

Takeaway: Responsible Data Use in Policing

Effective policing in the digital age requires tools for lawful access to data—but with vigilant protection for the fundamental right to privacy. As technology evolves, so must legal and ethical safeguards, oversight, and robust public dialogue. Awareness and advocacy among professionals and citizens can foster a balanced model—one where justice and liberty go hand in hand.

Want to learn more about technology, surveillance law, and your rights? Enroll in CKonnect’s “Tech Law & Civil Liberties” advanced course for in-depth understanding, hands-on guidance, and discussions on emerging digital privacy issues.

Informed citizens and transparent institutions are the best defense against both crime and overreach.

By Srishti Khare

in Privacy Team Pulse

Share this post

Our blogs

India’s DPDPA Implementation Timeline: What to Expect