According to Economic Times, an American multinational technology company focusing on e-commerce, Amazon has moved to the top court as employees had stored sensitive and confidential data in their laptops and mobile phones which the Enforcement Directorate (ED) is seeking in a FEMA violation case going back to 2014.
Current Status
The company has moved to Supreme Court seeking protection for its privileged and confidential digital data. A bench led by justice SK Kaul after briefly hearing senior counsel Siddharth Luthra appearing for Amazon has asked to find responses from the ministry of finance and the ED on Amazon’s petitions.
What company wants?
The company said, “This legal vacuum has facilitated ongoing and continuing police practices of dubious constitutionality, roving and fishing investigations seeking access to mobile devices and laptops and making ‘clone’ copies of their complete contents, where an individual can also be compelled to ‘unlock’ their mobile phones and laptops.”
The company wants the Supreme Court to look at the following points:
- Amazon wants the court to issue appropriate guidelines to fill the lacunae till legislation or a statutory framework is in place.
- The company wants the examination of its contents in consonance with the fundamental rights guaranteed under the constitution.
- Additionally, the company wants Supreme Court to suggest the drafting of model legislation or a statutory framework about compelling the submission of digital devices – as well as their search and seizure.
- The company wants the protection of its constitutional and fundamental rights, especially the right to privacy as recognized by the apex court in K S Puttaswamy vs Union of India and others.
Background
Earlier, the Enforcement Directorate (ED) has been “summoning and compelling” its employees; including one of the employees Abhijeet Muzumdar.
The Enforcement Directorate (ED) was seeking a FEMA violation since 2014. The ED has continued the investigation for over eight years without coming to any logical conclusion. However, ED was provided with despite all the necessary support and cooperation.
