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15 NUJS L. Rev. [i] (2022)

handle is hein.journals/nujslr15 and id is 1 raw text is: EDITORIAL NOTE SCRUTINISING THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022, AND ITS CONFORMITY WITH PRIVACY PRINCIPLES Aaryan Mithal & Abhinav Gupta* I. INTRODUCTION The Parliament has recently enacted the Criminal Procedure (Identification) Act, 2022, ('the Act') which seeks to authorise collection, storage, processing and dissemination of sensitive data such as fingerprints, retinal scans, biological samples, amongst others.' The Act replaces the erstwhile Identification of Prisoners Act, 1920.2 Generally, it has been argued that the Act expands the type of data that can be collected, the category of persons from whom it can be collected, and the authority that can authorise such collection.3 A petition has already been filed before the Delhi High Court chal- lenging the Act for violating Article 14, Article 19, right to privacy, amongst other grounds.4 Further, concerns regarding the violation of privacy law in the Indian context have been covered by scholars.5 In this note, we shall instead attempt Members: Board of Editors, NUJS Law Review. The Criminal Procedure (Identification) Act, 2022, Preamble, §2(1)(b), §4. 2 Id., §10(1). 3 PRS India, THE CRIMINAL PROCEDURE (IDENTIFICATION) BILL, 2022, available at https://prsindia.org/billtrack/the-criminal-procedure-identification-bill-2022 (last visited on July 5, 2022). 4 Anushka Jain, Petition in Delhi High Court Challenges Criminal Procedure Act, Here's Why, April 26, 2022, available at https://www.medianama.com/2022/04/223-criminal-procedure-act- delhi-high-court-petition-summary/ (last visited on July 5, 2022). 5 Parth Naithani, The Criminal Procedure (Identification) Bill, 2022, and the Right to Privacy, Vol. 57(16), E.P.W. (2022); Shaoni Das, The Criminal Procedure (Identification) Act, 2022 Violates Various Constitutional Mandates, May 19, 2022, available at https://theleaflet.in/the-criminal- procedure-identification-act-2022-violates-various-constitutional-mandates/#:~:text=The%20 2022%20Act%20allows%20police,any%20arrested%20person%2C%20including%20