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Privacy Prevails: SC Curbs Police Digital Snooping
15 Oct
Summary
- Supreme Court limits police access to accused's digital footprints.
- Information Act cannot be misused for privacy-breaching inquiries.
- Police must prove alternative methods failed before seeking data.
The Supreme Court has established a crucial precedent, ruling that police cannot demand an accused individual's digital history from social media platforms for timeframes preceding the alleged offense. This directive, issued on October 15, 2026, aims to prevent the misuse of the Information Technology Act for unwarranted privacy invasions.
The bench, comprising CJI Surya Kant and Justice Joymalya Bagchi, stressed that law enforcement must adhere to the principles of proportionality. They can only request digital footprints after confirming that other investigative avenues have proven inadequate.
This ruling came as the court quashed a Ghaziabad Police order demanding digital footprints of journalist Abhishek Upadhyay from June 1, 2026, concerning a road rage incident reported on August 18, 2026. The journalist's legal team argued the FIR was a pretext to uncover his sources for a story on Ayodhya Ram Temple donation theft.
Furthermore, the court directed the Ghaziabad Police to return the journalist's seized vehicle within two days and cautioned against using any private information obtained from social media platforms.
