SUPREME COURT’S NOTICE TO GOOGLE INDIA

by | Feb 24, 2024

Section Details
Introduction The Supreme Court has issued notice to Google India Private Limited to seek information on the working of Google PIN in the context of conditions imposed in certain bail orders. The conditions require the accused to share their live mobile location with the investigating officer throughout the period of bail. The Court is examining whether such conditions infringe the right to privacy.
Factual Background The Court clarified that it is not impleading Google India as a respondent in the case but is issuing notice to gather information. The Ministry of Electronics and Information Technology of the Government of India suggested seeking necessary information from Google India Private Limited regarding the working of Google PIN. The Court is also examining the issue of whether bail to a foreign accused can be conditional on obtaining an assurance from the concerned Embassy that the accused will not leave India.
Legal Issues
  • Whether conditions requiring the accused to share their Google PIN location with the investigating officer infringe the right to privacy. 
  •  Whether bail to a foreign accused can be conditional on obtaining an assurance from the concerned Embassy that the accused will not leave India.
Applicable Law
  • Right to Privacy: Article 21 of the Indian Constitution.
  • Information Technology Act, 2000: Section 2(1)(t) defines “electronic record” and Section 3A deals with the validity of contracts formed through electronic means.
  • Code of Criminal Procedure, 1973: Section 437 provides for conditions for the grant of bail, and Section 438 deals with anticipatory bail.
Analysis The Court has expressed reservations about both conditions, indicating concerns about potential privacy violations and the legality of imposing such conditions.
Conclusions The Court has not yet reached a final decision but is examining the issues closely. The outcome of the case will likely have implications for the application of bail conditions and the protection of privacy rights in India.
Current Scenario The case is ongoing, and the Supreme Court has issued notice to Google India Private Limited to provide information on the working of Google PIN. The Court will continue to examine the legal issues involved before reaching a conclusion.

 

CASE SUMMARY The Supreme Court has issued a notice to Google India Private Limited regarding the use of Google PIN in bail orders that require sharing live mobile locations with investigating officers. The Court is examining whether such conditions violate the right to privacy. It is also considering if bail conditions can include obtaining an assurance from the foreign accused’s embassy and sharing Google PIN locations.

 

SOURCE – THE TIMES OF INDIA

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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