India’s Supreme Court Finds That Google Pin Sharing as Bail Condition Violates Privacy

On 8 July 2024, the Supreme Court of India addressed the balance between investigative needs and privacy rights under Article 21 in the case of Frank Vitus versus the Narcotics Control Bureau. The Court ruled that any bail condition enabling police or investigative agencies to monitor every movement of an accused through technology violates the right to privacy guaranteed by Article 21 of the Constitution.

Case Background

• FV, accused of violating the Narcotic Drugs and Psychotropic Substances Act, was granted bail by a Special Judge on 31 May 2022.
• One of the bail conditions required FV to drop a pin on Google Maps, ostensibly to enable location tracking by the Narcotics Control Bureau.

Supreme Court’s Rationale

1. Privacy and Article 21 of the Indian Constitution:
   • The Court reaffirmed that the right to privacy is integral to Article 21, which guarantees the right to life and personal liberty.
   • The condition of real-time tracking infringes on this right, as it constitutes a form of surveillance akin to confinement.
2. Technical Inefficacy:
   • Google LLC clarified that dropping a pin on Google Maps does not enable real-time tracking but merely marks a static location.
   • The user maintains full control over sharing this location, negating the intended purpose of the bail condition.

The Ruling

• The Court declared the bail condition of dropping a pin on Google Maps redundant since it does not serve the intended real-time monitoring purpose.
• The ruling emphasized that bail conditions should not be arbitrary or overreach the scope of ensuring attendance and cooperation in the trial process.

The decision is available here.