The government has given itself the “master key” to access major consumer databases maintained by companies in different sectors. Under new regulations made under the Information Technology Act, government can ask companies to share sensitive personal information about their customers. Sensitive personal information would cover medical records and history, information about physical, physiological and mental health, sexual orientation, credit and debit cards, biometric information and passwords. Under the new rules any government agency required under law to obtain information for the purpose of verifying identity, or for prevention, detection, investigation, prosecution, and punishment of offences can ask a company to give sensitive personal information held by it about an individual. There are no checks on this power, except that the request for information be made in writing, and stating clearly the reason for seeking the information. Usually information requests have certain inbuilt checks. For example, search warrants in criminal cases are issued by a court. Tapping of telephones or interception of electronic communication can only be authorised by the Union or the State Home Secretary after following a prescribed process. The new Bill for Unique Identification Number (UID) permits such use only by the order of a court, or for national security (by an order of an authorised officer of at least Joint Secretary rank in the central government).
It is common knowledge that individuals contesting elections have to file an affidavit, declaring (i) their criminal records (if any), (ii) assets & liabilities and (iii) educational qualification. What is not widely known is that after getting elected, Members of Parliament are required to file a declaration of assets and liabilities with the Speaker of Lok Sabha and the Chairman of Rajya Sabha. The rules to this effect were made in 2004 under the Representation of Peoples Act , 1951. These declarations have to be made by MPs within 90 days of taking their seat in Parliament. Rules for Lok Sabha MPs an be found hereand those for Rajya Sabha MPs can be found here. The Rajya Sabha rules specify that the declarations made by MPs shall be made availaible to any person with the written permission of the Chairman. The rules also specify that Rajya Sabha MPs are required to update their declarations every year. The Lok Sabha rules specify that the declarations made by the Lok Sabha MPs shall be treated as confidential and shall not be made available to any person without the written permission of the Speaker. The rules also do not contain an express provision for the declaration made by the MPs to be updated in case there is a change in the status of their assets and liabilities. Such rules under the Representation of Peoples Act currently do not exist for MLAs in States.
