Illegal extraction of call data record by police

Business

Dear Sirs, Investigating Officer of Police while investigating in a 498A FIR extracted call data record and cell tower locations of accused. Most probably approval of competent authority was not taken and even if taken there should not be a valid ground of national security and public interest as issue involved is matrimonial. Police is not giving any information in RTI citing that cyber cell of police is exempt from RTI. In what situations Police can extract the CDR? How to safeguard the fundamental right of privacy if we do not know if someone is secretly violating the privacy. Any reference to CDR has not been made in the chargesheet. Apparently this action of taking CDR was taken by I.O. under influence of complainant and possibly to know the location of accused. What action can be taken against I.O.? Thanks

 
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Originally posted by : R. K. Khanna
Dear Sirs, Investigating Officer of Police while investigating in a 498A FIR extracted call data record and cell tower locations of accused. Most probably approval of competent authority was not taken and even if taken there should not be a valid ground of national security and public interest as issue involved is matrimonial. Police is not giving any information in RTI citing that cyber cell of police is exempt from RTI. In what situations Police can extract the CDR? How to safeguard the fundamental right of privacy if we do not know if someone is secretly violating the privacy. Any reference to CDR has not been made in the chargesheet. Apparently this action of taking CDR was taken by I.O. under influence of complainant and possibly to know the location of accused. What action can be taken against I.O.? Thanks

 

Please go through details case study to understand the details fact of CDR (link given below)

https://www.casemine.com/search/in/call%20data%20record

 

 
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Retired employee.

You can issue a notice to the service provider as a consumer and can demand for

1)Usual documents required for providing such data to Police with such a copy of order/directive/notification from Authority.

b)Certified copy of all those documents that were provided by police to get such data.

If there are violations then you can proceed on service provider under the CP Act.

 
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Lawyer

What is your problem/objection to investigating agency?

What is your locus standie and concern qua collection of call details?

It is advisable to consult a local prudent lawyer for better appreciation of facts and circumstance/ documents, guidance and proceeding if you have any locus standie.

 
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Business

Originally posted by : Dr J C Vashista
What is your problem/objection to investigating agency?

What is your locus standie and concern qua collection of call details?

It is advisable to consult a local prudent lawyer for better appreciation of facts and circumstance/ documents, guidance and proceeding if you have any locus standie.

dear sir, the objection here is that CDR was extracted without having sufficient reasons ... which I understand should be threat to national security as per rules .... and thus violated the privacy 

regarding locus standi .. the person whose call details were extracted wishes to take it up

there is no documents etc. available .. only circumstancial info. Police is not giving any information in RTI citing that cyber cell of police is exempt from RTI. In what situations Police can extract the CDR? How to safeguard the fundamental right of privacy if we do not know if someone is secretly violating the privacy. What action can be taken against I.O.? 

thanks

 
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Business

Originally posted by : G.L.N. Prasad
You can issue a notice to the service provider as a consumer and can demand for

1)Usual documents required for providing such data to Police with such a copy of order/directive/notification from Authority.

b)Certified copy of all those documents that were provided by police to get such data.

If there are violations then you can proceed on service provider under the CP Act.

dear sir thanks a lot..  as I understand as per practice only an email is sent  by cyber cell to service provider. i dont see any violation by service provider... violation prima facie is done by I.O. ... what action can be taken against I.O. ..

 
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