High-Security Registration Plates (HSRP) and the Proportionality Test of Digital Surveillance.

Hello, how are you all, hope you are well. In today's blog we will know about High-Security Registration Plates (HSRP) and the Proportionality Test of Digital Surveillance, July 13,

The introduction of obligatory High-Security Registration Plates (HSRP) in India is a paradigm shift in state surveillance mechanisms. It has been observed to be a tool for heightened state surveillance of its citizens. The vehicle registration plate has evolved from a simple piece of pressed metal with basic identifying information, which includes the registration number, registration authority, state/UT code, and year of registration, to a tool for active intelligence (tracking) gathering with the HSRP, containing chromium-based holograms, a laser-etched 10-digit permanent identification number, and Radio Frequency Identification tags. The HSRPs are designed to work with Automatic Number Plate Recognition (ANPR) cameras and are introduced as a means of curbing vehicle theft and improving toll collection, but elsewhere they have the obvious advantage of enabling continuous tracking of the vehicle owner. The use of HSRPs/ANPR cameras must be analyzed under the "Proportionality Test", as articulated in the landmark right to privacy case [K.S. Puttaswamy v. Union of India].

This brings us to the third prong: necessity. At present, the ANPR infrastructure is a “dragnet” collecting a great quantity of transit metadata from law-abiding citizens. The state has to make sure that any data is deleted immediately and not stored somewhere.

Ultimately, proportionality stricto sensu requires a fair consideration of the rights injury suffered and the public interest served. Persistent, entire-state geographic monitoring has a deterrent impact on liberty of movement. The present HSRP-ANPR scheme reaches too far into the territory of a surveillance state without independent judicial review, a statutory limit on the retention of personal data, and obstacles to prevent the exploitation of the system by third parties.

It is therefore essential to reform the statutory framework governing the logging of drive records immediately. Vehicle logging to be used as an administrative measure should be strictly necessary, implemented with enough control, and with an assured timely deletion to preserve the privacy of an individual driver.

✍️Himanshi

Scholar from St. Xavier's College Mumbai, INDIA