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The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.
Whatsbook is a famous social networking application which is used by more than 30% of India’s population. Government of India is bringing a policy wherein each and every individual will be required to link their AADHAR identity card with their Whatsbook accounts. The policy is aimed at increasing surveillance on the messages that are shared between people in order to detect seditious activities. Can this act be taken as one creating the ‘chilling effect’, as presented in the passage?
  • a)
    Yes, because it will enable the government to record the details of all such individuals who send any kind of message to anyone.
  • b)
    No, because such policy will help in promoting national security which is a major goal of the Constitution of India.
  • c)
    No, because people are free to send messages so there is no chilling effect over Article 19 rights.
  • d)
    Yes, because the rights of Whatsbook are being curtailed and it will be discouraged from exercising its Article 19 rights.
Correct answer is option 'A'. Can you explain this answer?
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The government is planning on establishing a large FRT network, known...
In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. Therefore, the inhibition of continuous surveillance over the daily conversations will create a chilling effect.
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The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Government of the state of UP is bringing a new law under which the young unmarried couples, wherever found in public parks etc., will be asked by the police for their contact details and will be handed-back to their parents. Decide in the light of the passage.

The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Had it been the case that the Automated Facial Recognition System (AFRS) would be working under the strict scrutiny of court and the access to available data could only be allowed after proof of a prima facie case, would the system still have been in violation of Right to Privacy?

The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Which of the following measures, as per the author, would make the AFRS a permissible policy measure?

The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Which of the following measures, as per the author, would make the AFRS a permissible policy measure?

Directions: Read the passage carefully and answer the questions given beside.It has been repeatedly held that the PMLA (Prevention of Money Laundering Act) is a sui generis legislation, enacted to tackle money laundering through white-collar crimes. According to Section 3 of the PMLA, the act of projecting or claiming proceeds of crime to be untainted property constitutes the offense of money laundering. Under the Schedule to the PMLA, a number of offenses under the Indian Penal Code and other special statutes have been included, which serve as the basis for the offense of money laundering. In other words, the existence of predicate offense is sine qua non to charge someone with money laundering. It is crucial to note that the investigation and prosecution of the predicate offense are done typically by the Central Bureau of Investigation (CBI) or the State Police.Section 50 of the PMLA provides powers of a civil court to the ED authorities for summoning persons suspected of money laundering and recording statements. However, the Supreme Court held that ED authorities are not police officers. It observed in Vijay Madanlal Choudhary v. Union of India (2022) that “the process envisaged by Section 50 of the PMLA is in the nature of an inquiry against the proceeds of crime and is not ‘investigation’ in strict sense of the term for initiating prosecution.” There are other dissimilarities between ED authorities and the police. While the police are required to register a First Information Report (FIR) for a cognizable offense before conducting an investigation, ED authorities begin with search procedures and undertake their investigation for the purpose of gathering materials and tracing the ‘proceeds of crime’ by issuing summons. Any statement made by an accused to the police is inadmissible as evidence in court, whereas a statement made to an ED authority is admissible. A copy of the FIR is accessible to the accused, whereas the Enforcement Case Information Report is seldom available.While the police investigating the predicate offense are empowered to arrest and seek custody of the accused, the ED is meant to focus on recovering the proceeds of crime in order to redistribute the same to victims. It is not clear whether the ED has managed to do this. Per contra, the Proceeds of Crime Act, 2002, the analogous legislation in the U.K., almost entirely concentrates on the confiscation of assets through dedicated civil proceedings. Unfortunately, of late, much of the ED’s powers have been discharged in effecting pretrial arrests, which used to be the prerogative of the police investigating the predicate offence. In the past, the CBI was used to impart fear among political opponents. In the process, the agency received the condemnation of various courts and earned the nickname “caged parrot”. Whether the ED will go down the same path or reorient its approach will entirely depend on the intervention of the country’s constitutional courts.Q.Which of the following is not the appropriate cause-and-effect relationship in the passages context?

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The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Whatsbook is a famous social networking application which is used by more than 30% of India’s population. Government of India is bringing a policy wherein each and every individual will be required to link their AADHAR identity card with their Whatsbook accounts. The policy is aimed at increasing surveillance on the messages that are shared between people in order to detect seditious activities. Can this act be taken as one creating the ‘chilling effect’, as presented in the passage?a)Yes, because it will enable the government to record the details of all such individuals who send any kind of message to anyone.b)No, because such policy will help in promoting national security which is a major goal of the Constitution of India.c)No, because people are free to send messages so there is no chilling effect over Article 19 rights.d)Yes, because the rights of Whatsbook are being curtailed and it will be discouraged from exercising its Article 19 rights.Correct answer is option 'A'. Can you explain this answer?
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The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Whatsbook is a famous social networking application which is used by more than 30% of India’s population. Government of India is bringing a policy wherein each and every individual will be required to link their AADHAR identity card with their Whatsbook accounts. The policy is aimed at increasing surveillance on the messages that are shared between people in order to detect seditious activities. Can this act be taken as one creating the ‘chilling effect’, as presented in the passage?a)Yes, because it will enable the government to record the details of all such individuals who send any kind of message to anyone.b)No, because such policy will help in promoting national security which is a major goal of the Constitution of India.c)No, because people are free to send messages so there is no chilling effect over Article 19 rights.d)Yes, because the rights of Whatsbook are being curtailed and it will be discouraged from exercising its Article 19 rights.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Whatsbook is a famous social networking application which is used by more than 30% of India’s population. Government of India is bringing a policy wherein each and every individual will be required to link their AADHAR identity card with their Whatsbook accounts. The policy is aimed at increasing surveillance on the messages that are shared between people in order to detect seditious activities. Can this act be taken as one creating the ‘chilling effect’, as presented in the passage?a)Yes, because it will enable the government to record the details of all such individuals who send any kind of message to anyone.b)No, because such policy will help in promoting national security which is a major goal of the Constitution of India.c)No, because people are free to send messages so there is no chilling effect over Article 19 rights.d)Yes, because the rights of Whatsbook are being curtailed and it will be discouraged from exercising its Article 19 rights.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Whatsbook is a famous social networking application which is used by more than 30% of India’s population. Government of India is bringing a policy wherein each and every individual will be required to link their AADHAR identity card with their Whatsbook accounts. The policy is aimed at increasing surveillance on the messages that are shared between people in order to detect seditious activities. Can this act be taken as one creating the ‘chilling effect’, as presented in the passage?a)Yes, because it will enable the government to record the details of all such individuals who send any kind of message to anyone.b)No, because such policy will help in promoting national security which is a major goal of the Constitution of India.c)No, because people are free to send messages so there is no chilling effect over Article 19 rights.d)Yes, because the rights of Whatsbook are being curtailed and it will be discouraged from exercising its Article 19 rights.Correct answer is option 'A'. Can you explain this answer?.
Solutions for The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Whatsbook is a famous social networking application which is used by more than 30% of India’s population. Government of India is bringing a policy wherein each and every individual will be required to link their AADHAR identity card with their Whatsbook accounts. The policy is aimed at increasing surveillance on the messages that are shared between people in order to detect seditious activities. Can this act be taken as one creating the ‘chilling effect’, as presented in the passage?a)Yes, because it will enable the government to record the details of all such individuals who send any kind of message to anyone.b)No, because such policy will help in promoting national security which is a major goal of the Constitution of India.c)No, because people are free to send messages so there is no chilling effect over Article 19 rights.d)Yes, because the rights of Whatsbook are being curtailed and it will be discouraged from exercising its Article 19 rights.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Whatsbook is a famous social networking application which is used by more than 30% of India’s population. Government of India is bringing a policy wherein each and every individual will be required to link their AADHAR identity card with their Whatsbook accounts. The policy is aimed at increasing surveillance on the messages that are shared between people in order to detect seditious activities. Can this act be taken as one creating the ‘chilling effect’, as presented in the passage?a)Yes, because it will enable the government to record the details of all such individuals who send any kind of message to anyone.b)No, because such policy will help in promoting national security which is a major goal of the Constitution of India.c)No, because people are free to send messages so there is no chilling effect over Article 19 rights.d)Yes, because the rights of Whatsbook are being curtailed and it will be discouraged from exercising its Article 19 rights.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Whatsbook is a famous social networking application which is used by more than 30% of India’s population. Government of India is bringing a policy wherein each and every individual will be required to link their AADHAR identity card with their Whatsbook accounts. The policy is aimed at increasing surveillance on the messages that are shared between people in order to detect seditious activities. Can this act be taken as one creating the ‘chilling effect’, as presented in the passage?a)Yes, because it will enable the government to record the details of all such individuals who send any kind of message to anyone.b)No, because such policy will help in promoting national security which is a major goal of the Constitution of India.c)No, because people are free to send messages so there is no chilling effect over Article 19 rights.d)Yes, because the rights of Whatsbook are being curtailed and it will be discouraged from exercising its Article 19 rights.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Whatsbook is a famous social networking application which is used by more than 30% of India’s population. Government of India is bringing a policy wherein each and every individual will be required to link their AADHAR identity card with their Whatsbook accounts. The policy is aimed at increasing surveillance on the messages that are shared between people in order to detect seditious activities. Can this act be taken as one creating the ‘chilling effect’, as presented in the passage?a)Yes, because it will enable the government to record the details of all such individuals who send any kind of message to anyone.b)No, because such policy will help in promoting national security which is a major goal of the Constitution of India.c)No, because people are free to send messages so there is no chilling effect over Article 19 rights.d)Yes, because the rights of Whatsbook are being curtailed and it will be discouraged from exercising its Article 19 rights.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Whatsbook is a famous social networking application which is used by more than 30% of India’s population. Government of India is bringing a policy wherein each and every individual will be required to link their AADHAR identity card with their Whatsbook accounts. The policy is aimed at increasing surveillance on the messages that are shared between people in order to detect seditious activities. Can this act be taken as one creating the ‘chilling effect’, as presented in the passage?a)Yes, because it will enable the government to record the details of all such individuals who send any kind of message to anyone.b)No, because such policy will help in promoting national security which is a major goal of the Constitution of India.c)No, because people are free to send messages so there is no chilling effect over Article 19 rights.d)Yes, because the rights of Whatsbook are being curtailed and it will be discouraged from exercising its Article 19 rights.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The government is planning on establishing a large FRT network, known as Automated Facial Recognition System (AFRS), which aims at simplifying the process of CCTV monitoring by extracting facial biometrics from videos and matching it with the images housed in a database. Use of AFRS clearly abridges an individual’s exercise of his right to privacy enshrined under Article 21 of the Indian Constitution. If someone protests against the government, even in a peaceful manner, this technology will enable the government to record the details of all such individuals, which might lead to individual targeting of protestors. This will cast a chilling effect on an individual’s freedom of speech and expression, right to protest, and right to movement under Article 19. The use of this technology does not satisfy the threshold set up by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v Union of India. Here, the Supreme Court had ruled that privacy is a fundamental right, even in public spaces. If this right is to be infringed, the government must show that its action is sanctioned by law, proportionate to the need for such interference, and in pursuit of a legitimate aim. As far as the legitimacy of AFRS is concerned, the IT Act of 2000 classifies biometric data as sensitive personal data, and contains rules for collection, disclosure and sharing of such information. But these are only applicable to “body corporates” and not to the government's use of biometric facial data. Such surveillance is also unethical as it requires the deployment of FRT on citizens without their consent. The distrust among civil society also stems from the fact that the government is trying to set up this system without prior discussion or consultation regarding its implications. In its landmark Aadhaar Judgment, while rejecting the justification of countering black money, as the basis for mandatory linkage of Aadhaar (India’s national biometric ID) with bank accounts, the Supreme Court had noted that imposing such a restriction on the entire population, without any evidence of wrongdoing on their part, would constitute a disproportionate response. The Court’s concern here clearly shows how AFRS can be misused by the government. Furthermore, the accuracy of this technology is also unpredictable and might lead to unfavourable consequences in investigation. Therefore, deployment of AFRS without any legitimate checks and balances will lead to a function creep in India with serious repercussions. The government should constitute an efficient legal framework and an independent oversight committee to regulate the use of this technology, and also to bring about accountability within the framework of governance.Whatsbook is a famous social networking application which is used by more than 30% of India’s population. Government of India is bringing a policy wherein each and every individual will be required to link their AADHAR identity card with their Whatsbook accounts. The policy is aimed at increasing surveillance on the messages that are shared between people in order to detect seditious activities. Can this act be taken as one creating the ‘chilling effect’, as presented in the passage?a)Yes, because it will enable the government to record the details of all such individuals who send any kind of message to anyone.b)No, because such policy will help in promoting national security which is a major goal of the Constitution of India.c)No, because people are free to send messages so there is no chilling effect over Article 19 rights.d)Yes, because the rights of Whatsbook are being curtailed and it will be discouraged from exercising its Article 19 rights.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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