Central Idea

In April 2022, the Indian Parliament passed the Criminal Procedure (Identification) Act (CrPI).
It enabled law enforcement agencies to collect and analyze physical and biological samples, including retina and iris scans of arrested individuals.

Why in the news now?

While the rules governing the Act were notified in September 2022, full implementation is pending as the National Crime Records Bureau (NCRB), the nodal agency, is still formulating guidelines and Standard Operating Procedures (SOPs).
This legislation replaces the antiquated Identification of Prisoners Act, 1920, which primarily focused on collecting fingerprints, footprints, and photographs of certain convicted and non-convicted individuals.

Modernization: The CrPI Act modernizes the process of capturing and recording biometric data and other measurements, supplanting outdated methods.
Data Utilization: The Act facilitates the use of advanced techniques for capturing and recording body measurements, providing law enforcement with more comprehensive data.

Central Repository: The NCRB is tasked with storing, processing, sharing, disseminating, and destroying measurement records.
Common Database: Impressions collected at any police station will be stored in a central database accessible to authorized police and prison officials nationwide.
Technical Specifications: The NCRB will define equipment specifications for measurement collection, methods for handling and storing data compatible with the NCRB database, and the IT systems to be employed for measurements.
Authorized Personnel: The Act extends measurement collection authority to police and prison officials, individuals skilled in measurement collection, registered medical practitioners, and authorized personnel.
Data Retention: Records are to be retained for 75 years.

Fingerprinting: Police have been trained to record fingerprints through the National Automated Fingerprint Identification System (NAFIS), which assigns a unique National Fingerprint Number (NFN) to suspects.
Challenges: The provision for iris scanners, DNA collection, and facial recognition systems has not been fully realized. NAFIS workstations are operational in many states, but challenges persist.

Privacy Concerns: During debates in Parliament, opposition members raised concerns about the violation of fundamental rights, including the right to privacy.
Data Protection: Questions have arisen about the safeguarding of DNA samples and facial recognition data.
Lack of Awareness: Many officers are unaware of the rules specifying that measurements of individuals detained or arrested under certain sections of the law should not be recorded.
Data Destruction: Individuals are responsible for requesting the destruction and disposal of their records from the central database if they have been falsely implicated or acquitted, which poses challenges.
Right to Be Forgotten: Advocacy groups have emphasized the need to consider the “Right to Be Forgotten” in data retention policies.
Training and Scope: Proper training and clear guidelines for DNA sample handling and storage are needed, and the scope of DNA collection in various types of crimes remains unclear.
Connectivity Issues: Smaller states face connectivity challenges, hindering the fulfilment of secured Internet lease line requirements for data protection.

The CrPI Act represents a significant step toward modernizing law enforcement data collection techniques.
However, concerns related to privacy, data protection, and training, along with connectivity issues, underscore the need for comprehensive guidelines and safeguards to balance the imperatives of law enforcement with individual rights and data security.