Examining the state of Anonymity

Three Relationships

• Citizen – Government
• Consumers – Businesses
• Employee – Employer

Citizen – Government Relationships

• Need for Anonymity? Pros and Cons
• Required in which circumstances
• Technical feasibility
• Impact on transactions with Government and its duties

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• Need for Anonymity? Pros and Cons
• Required in which circumstances
• Technical feasibility
• Impact on transactions with Government and its duties

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Why is anonymity required?

for the citizens

• Provides privacy, and allows actions, transactions etc to be kept private
• Ability to express oneself without being known
• Vital to protect freedom of expression without any threat of injury or harm

for the government?

Pros and Cons

Pros

• Whistle blowers are provided greater protection from harm
• Allowing complaints against government officials/departments to be filed anonymously
• Lowers the risk of abuse of information by government officials
• Seeking information from the government anonymously, eg. RTI Anonymous
• Protection of witnesses and preventing them from turning hostile
• Classified information for the purpose of national security

Pros and Cons

Pros

• Anonymity to victims of sexual offense, juveniles and suspects untill proven guilty
• Use of Internet and telecommunication services without fear of surveillance
• Availing healthcare benefits without the possibility of disclosure of private health information to any third parties
• Protection of identity and sensitive information of pregnant women while undergoing pre-conception, pre-natal and ultra-sonography tests.
• Protection of privacy of patients in psychiatric care
• Avoid witnesses turn hostile due to threats.

Pros and Cons

Cons

• Impedes the ability of the government to identify any threats
• Prevents efficient and targetted delivery of government services and policies
• Hinders prevention and identification of fraudulent financial transactions
• Lack of complete and accurate information to facilitate better relief during disasters and emergencies
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Pros and Cons

Circumstances in which Anonymity is Required?

• Whistle-blowing
• Complaints
• Transparency of Government?
• Healthcare
• Freedom of Expression
• National Security
• Justice System
• Financial Services
• Delivery of Government services

Required in which circumstances

Legislations

• Whistleblowers Protection Act, 2011
• Whistleblowers Protection (Amendment) Bill, 2015

Required in which circumstances> Whistle-blowing

Key Takeawys

• No definition of 'victimisation' in the Act. Vagueness about ways in which complainant may be vitimised.
• Exception to obligation of 'Competent Authority' to keep confidential identity of the complainant – If complainant has revealed his identity to any other office
• Amendment Bill adds a list of exceptions for matters involving national security, cabinet papers, privileged documents, or information threatening someone's life or safety.

Required in which circumstances> Whistle-blowing

Policies/Projects

• Guidelines by the Dept. of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, GoI on handling of complaints    http://www.icar.org.in/files/Guidelinesonhandling-0112062015.pdf
• GoI Resolution on Public Interest Disclosures and Protection of Informer (PIDPI) http://cvc.nic.in/PubNot14022012.pdf
• Various initiatives taken of installing complaint boxes outside police stations and markets enabling anonymous complaints

Required in which circumstances> Complaints

Key Takeaways

• PIDPI Resolution and Guidelines only concern the Central Government Ministries and Departments. No such mandatory policies for states government
• Complaints filed anonymously or pseudonymously are not taken cognizance of.
• Departments/Ministries to keep confidential the identity of complainant
• Initiatives of complaint boxes lack any mechanism for complainants to follow up on their complaints

Required in which circumstances> Complaints

Policies/Projects

• UAL and UASL Licenses, ISP's and .IN registration require compliance with KYC norms
• Internet Registry for Internet Names and Number         (IRINN) Policy Version 1.1       http://www.irinn.in/pages/static/IRINN_V1.pdf
• IT (Guidelines for Cyber Cafe) Rules, 2011  http://deity.gov.in/sites/upload_files/dit/files/GSR315- E_10511(1).pdf

Required in which circumstances> Access to Telecom Services

Key Takeaways

• The KYC norms require provision and verification of identity and address.
• The service providers are mandated to keep records of the users.

Required in which circumstances> Access to Telecom Services

Policies/Projects

• NATGRID
• Centralised Monitoring System (CMS)
• NETRA (NEtwork TRaffic Analysis)
• Telephone Call Interception System (TCIS)
• Crime and Criminal Tracking Network and Systems (C.C.T.N.S.)

Required in which circumstances> National Security

Key Takeaways

• Allowing security agencies to track ,profile , intercept real time E-mails, cyber chats, monitor calls and SMS's , fax communications, etc. could lead to privacy implications.
• Allowing integration and digitization of crime records ,along with sharing of data of criminals across police stations would help nab criminals by tracking their movements. 

Required in which circumstances> National Security

Policies/Projects

• Right to Information Act, 2005
• RTI Anonymous

Required in which circumstances> RTI

Key Takeaways

• Previously no RTI requests could be made anonymously
• This was challenged in a Writ Petition.
• In 2012, Calcutta HC made filing of RTI application anonymously using post box numbers permissible.
• Online portals allow RTI's to be filed anonymously.
• Intelligence agenices and Information relating to national security, or infringing privacy of a government official is exempted from the purview of RTI Act.

Required in which circumstances> RTI

Policies/Projects

Required in which circumstances | Justice System | Witness Protection

• Consultation paper by Law Commission of India on witness identity protection and witness protection programmes, August 2004.
• http://lawcommissionofindia.nic.in/Consultation%20paper%20on%20witness%20identity%20Protection%20and%20witness%20protection%20programmes-%20web%20page.pdf
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Provisions under:

• Terrorist and Disruptive Activities Act, 1985
• Unlawful Activities (Prevention) Amendment Act, 2004
• National Investigation Agency Act, 2008

Key Takeaways

• Provisions under special legislations to provide protection to identity of a witness.
• No exclusive legislation or guidelines to provide for witness protection.

Required in which circumstances | Justice System | Witness Protection

Policies/Projects

• Indian Penal Code, 1860 
• Indian Evidence Act, 1882 

Required in which circumstances | Justice System | Sexual Offences

Key Takeaways

• Provisions to criminalize disclosure of victim's identity and protection of rape victims.
• Absence of provisions to provide anonymity to defendants in such offences until convicted.

Required in which circumstances | Justice System | Sexual Offences

Policies/Projects

• Juvenile Justice Act, 2000

Required in which circumstances | Justice System | Children

Key Takeaways

Prohibition of publication of details of a juvenile and ensure anonymity under the Act.

Required in which circumstances | Justice System | Children

include suspect?

Policies

• Master Circular on Know Your Customer (KYC) norms/Anti Money Laundering (AML) standards/Combating of Financing of Terrorism (CFT)/Obligations of Banks under PMLA, dated July 2015
• https://www.rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=9848
• Master Circular on Customer Service in Banks, 2013
  https://www.rbi.org.in/scripts/NotificationUser.aspx?Id=8131&Mode=0

Required in which circumstances | Justice System | Financial Services

Key Takeaways

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Required in which circumstances | Justice System | Financial Services