Guidelines on seizure of digital devices to be finalised soon, until then CBI manual will be followed: Centre to SC

New Delhi [India], December 14 : The Central government told the Supreme Court on Thursday that it has been deliberating on framing guidelines to regulate the seizure of phones or other digital devices belonging to individuals, particularly media professionals, and until then, central probe agencies will follow the CBI manual for the same.
A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was assured by Additional Solicitor General (ASG) SV Raju, appearing for the Centre, that the authorities concerned have deliberated on the proposed guidelines several times.
Several rounds of talks have been held to formulate guidelines for the seizure of such electronic devices in the course of criminal investigations, ASG Raju said.
Until the new guidelines are put in place, central probe agencies will follow the CBI manual for search and seizure of such equipment, ASG told the bench.
ASG Raju said, "We are deliberating over this and will be coming up with something, but it will take time because we have to consult the forensic laboratory experts and go through existing manuals, like the CBI manual and the Karnataka police manual."
To this, Justice Kaul replied, "This has been going on for some time now. How long will you need? You have been holding meetings, but when will we have an outcome?"
As the law officer said that the government will need some time to formulate guidelines as consultation was also required with forensic laboratories and experts, the bench asked him if he was willing to make a statement before the court that central probe agencies in the meantime follow any of the existing manuals.
ASG assured the bench that the CBI Manual would be followed.
The bench, in its order, stated, "Additional Solicitor General submits that, in the context of the existing CBI Manual and the Karnataka Cybercrime Investigation Manual and the suggestions put forth by petitioners, several discussions have been held and that he will come up with something within six weeks. In the meantime, he assures the court that for the time being, at least the CBI manual will be followed by all the central government agencies. List on February 6."
Last week, ASG Raju informed the bench that a committee had been formed and the central government would require more time to formulate the guidelines.
The apex court had earlier remarked that there should be guidelines in place to govern the search and seizure of phones or other digital devices and media professionals could have confidential information or details about their sources on their devices.
The top court was hearing a PIL filed by the Foundation for Media Professionals and Ram Ramaswamy, urging the court to establish safeguards against unreasonable interference by law enforcement agencies and create comprehensive guidelines for the search and seizure of digital devices.
The petitions have stated the increasing reliance on personal digital devices by media professionals for their journalistic work, which often involves handling "confidential information of public value, private correspondence with sources and whistle-blowers, and remote collaboration to break news stories in the public interest."
The petitioners have argued that they have a specific interest in advocating for adequate legal safeguards for the right to privacy in the digital space.