Technological Intervention in Advocate-Client relationship: Infringement of Right to Privacy or a tool of Amelioration

has also infiltrated the legal sector and endeavoured to assist in various legal processes. But due to the evolving nature of the cyber world, while using these technologies there is always a concern regarding the infringement of the right to privacy as the data of a person can be misused. To investigate the same, the article shall focus on the technological intervention and different software available specifically for the advocate-client relationship and whether it violates the right to privacy. The software/applications discussed in the article are; the Tele-Law scheme, NALSA mobile application, E-courts, and various legal-tech startups. The key reason for considering the aforementioned projects is that they all are developed by the Indian government, which will make the software welfare-oriented rather than profit-oriented while strengthening the advocate-client relationship.

KEYWORDS- E-court, National Legal Services Authority Act 1987, Privacy, Technology, Tele-Law scheme.

INTRODUCTION
Recently, the world has seen an exponential rise in the development of technology. Consequently, it has led to technological intervention in almost every sector of society. Technology is commonly defined as “the application of scientific knowledge to the practical aims of human life…”. Conflict resolution is one of the aims of human life and the legal sector is the dedicated sector for conflict resolution. To make the legal sector more proficient, the legal sector has welcomed technological intervention. As a result, there has been a recent introduction of the E-filing of court cases, E-courts, online land registration, digitalization of court records, etc. The legal sector includes various functionaries and the foremost among them being, the judges, advocates, and clients. The article shall focus specifically on the intervention of technology in the advocate-client relationship as their relationship presents the link between legal professionals and non-legal citizens. As technology is still a dynamic field there are a lot of issues regarding the information being hacked and the right to privacy being infringed. Similarly, there have been certain concerns regarding the right to privacy being infringed as technology in the advocate-client relationship requires access to the data of the client. The Indian Constitution guarantees right to privacy under article 21. The article shall discuss the various technologies set in place for making the advocate-client relationship and whether they infringe on the right to privacy or not.

TELE-LAW SCHEME
The Tele Law scheme is launched by the Department of Justice along with the NALSA and CSC e-Governance Service India Limited to provide legal assistance for the citizens of India. The Tele-Law scheme introduces a platform for interaction through technology for assisting citizens with legal advice using the video-conferencing platform. The scheme works with the help of an app through which the client can fill up their personal information as well as the case details. After this, the client becomes eligible to book a slot for an appointment with any of the lawyers of his choice. This makes the lawyer-finding process for a citizen who might not be aware of the intricacies of the law, easier and less arduous. A clear intervention of technology in the traditional advocate-client relationship is observed. Earlier on, the advocate-client relationship was only possible in the physical world, which made the legal process strenuous and time-consuming. Technological intervention has now made the legal process easier.

NALSA MOBILE APPLICATION
Another mobile application that assists the advocate-client relationship is the NALSA app. The National Legal Services Authority Act, 1987 was established to provide free legal services to the weaker and marginalized sections of society. Initially, the application for availing of the free legal services had to be presented and submitted to the Legal Services authorities’ office at the district, state, and national levels physically. But recently, the NALSA mobile application has been introduced where the details regarding the case can be submitted online along with the necessary information. It also includes personal details including employment details, and annual income, current address. The mobile app makes it easier to fill out the legal aid forms so that an advocate can be assigned to the case. This portrays that the use of technology has strengthened the advocate-client relationship by providing them with a platform that is easier to access.

E-COURTS PROJECT
The “National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary – 2005” submitted by the e-Committee, Supreme Court of India served as the foundation for the e-Courts project, which had the goal of transforming the Indian Judiciary by enabling Courts with ICT. Various initiatives were taken under the project such as Open-Source Software, National Judicial Data Grid Database, access to Case Status Information, and a Judgment search portal. One of the primary causes of judicial delay is the time it takes to issue summonses. As a result, SMS is also being used on mobile devices to send summons. The National Service and Tracking of Electronic Processes (NSTEP) system has been introduced to facilitate summons and process serving through technology. Generally, a variety of methods for giving the litigant immediate access to information are being used. Also, there are options for video conferencing between courts and both prisoners and jails. The fundamental benefit of e-court initiatives is that all information is readily available at one location, and that there is continued transparency between the advocate and client, thus solidifying their fiduciary relationship.

LEGAL- TECH STARTUPS
In the near future, a significant transformation would be made as to how clients are served and handled. Lawyers would approach their customers with innovative suggestions as well as more sincere and affordable legal remedies. Many Indian legal tech startups, including SpotDraft, CaseMine, NearLaw, Pensieve, Practice League, etc., are developing Natural Language Processing [NLP] based applications and launching next-generation legal research platforms that enable law firms to conduct more thorough legal research that is also less time-consuming. Law firms would implement a Performance-Based Pricing Strategy [PBPS] to innovate their pricing strategies and better serve their clients. This pricing structure would be very client-friendly because clients would only be required to make payments after achieving their goals. It would also improve the rapport between clients and law firms on a professional level.

IMPACT OF LEGAL SOFTWARE ON THE RIGHT TO PRIVACY
All the above-discussed technological projects strengthen the advocate-client relationship by providing an easier mode of communication which is necessary to deal with the case.
•Legal Software does not infringe on the right to privacy
As the software is not mandatory in nature, it does not violate the right to privacy. The software gives the client a choice to avail of its services. It is presumed that the client wanted to share that information. The right to privacy is declared as a fundamental right under Article 21 given in the case of K.S. Puttaswamy (Retd.) and Anr. (Aadhar) v. Union of India.

Another aspect of privacy, in this case, is the nature of the information that is asked of the client. All of the software only ask for public/identification information and documents e.g. caste and caste certificate to check the valid eligibility of the clients for certain services. Section 74 of the Indian Evidence Act provides for a public document to be a record that is being kept by the government. It means that any issued document such as a caste certificate shall be considered a public document. The right to privacy, in this case, is not violated as identification information is being asked.

•Legal software may infringe on the right to privacy
But there is always a concern about data theft and hacking when discussing the involvement of technology. The technology utilizes the data of an individual to give out the expected results. This data is inserted into the cyber world and once in the cyber world, data cannot be erased permanently. Due to the dynamic and ever-changing nature of the cyber world, the data is prone to hacking and being stolen. This gives rise to the issue of the right to privacy being infringed. The data that is provided in the software is with the consent of the client but when that data gets stolen or hacked it results in the infringement of the right to privacy.

CONCLUSION AND SUGGESTIONS
The advocate-client relationship is a critical component of the legal profession, and it plays a significant role in ensuring that clients receive quality legal representation. In the present era, technology has revolutionized the way in which advocates and clients interact and communicate with each other. It has improved clerical staff productivity and the effectiveness of law offices. With the emergence of legal tech, there is greater transparency between law firms and their clients. Technology innovation may greatly support the values that the ethical guidelines want to uphold, not jeopardize the legal profession. However, such advancements can only be made if technical innovation is skilfully applied, with an understanding of the fundamental principles of the right to privacy, and if the right to privacy principles that govern practice is interpreted and adjusted to demonstrate the enormous potential of these innovations.

By Gargi Pant & Aarju