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
  •  

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
  •  

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