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Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (Text with EEA relevance) 

OJ L 337, 18.12.2009, p. 11–36 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Special edition in Croatian: Chapter 13 Volume 052 P. 224 - 249

http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32009L0136

http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm

NSS In Courts

NSS has been used for a decade in Indian courts as a Support to Investigation.

NSS Reports are not used as Primary Evidence.

Unlike other technologies which have been used in 2 or 3 cases, NSS has been used in over 700 cases reported by independent Forensic laboratories in areas such as Murders, Insurgency, Poaching, Illegal immigration to name a few.

NSS is routinely used in highly sensitive cases to home in on perpetrators of a crime and differentiate involvement.

BRAIN SIGNATURE PROFILING IN INDIA: IT’S STATUS AS AN AID IN INVESTIGATION AND AS CORROBORATIVE EVIDENCE - AS SEEN FROM JUDGMENTS

In a significant development in 2010 the Supreme Court of India ruled that tests such as Narco, Lie Detection and Brain Electrical Activation Profile can be conducted with Informed consent, and any information or material discovered with the help of BEOS can be admitted as Evidence in court.

Unfortunately the court confused BEAP/BEOS with the outdated and minimalistic P300 technique with which BEOS has no connection.

 

Excerpt from the Supreme Court judgement-

“However, we do leave room for the voluntary administration of the impugned techniques in the context of criminal justice, provided that certain safeguards are in place. Even when the subject has given consent to undergo any of these tests, the test results by themselves cannot be admitted as evidence because the subject does not exercise conscious control over the responses during the administration of the test. However, any information or material that is subsequently discovered with the help of voluntary administered test results can be admitted, in accordance with Section 27 of the Evidence Act, 1872.

The National Human Rights Commission had published ‘Guidelines for the Administration of Polygraph Test (Lie Detector Test) on an Accused’ in 2000. These guidelines should be strictly adhered to and similar safeguards should be adopted for conducting the ‘Narcoanalysis technique’ and the ‘Brain Electrical Activation Profile’ test.

The text of these guidelines has been reproduced below:

(i) No Lie Detector Tests should be administered except on the basis of consent of the accused. An option should be given to the accused whether he wishes to avail such test.

(ii) If the accused volunteers for a Lie Detector Test, he should be given access to a lawyer and the physical, emotional and legal implication of such a test should be explained to him by the police and his lawyer.

(iii) The consent should be recorded before a Judicial Magistrate.

(iv) During the hearing before the Magistrate, the person alleged to have agreed should be duly

represented by a lawyer.

(v) At the hearing, the person in question should also be told in clear terms that the statement that is made shall not be a ‘confessional’ statement to the Magistrate but will have the status of a statement made to the police.

(vi) The Magistrate shall consider all factors relating to the detention including the length of detention and the nature of the interrogation.

(vii) The actual recording of the Lie Detector Test shall be done by an independent agency (such as a

hospital) and conducted in the presence of a lawyer.

(viii) A full medical and factual narration of the manner of the information received must be taken on record.”

Privacy Policy

This Privacy Policy governs the manner in which Axxonet System Technologies (hereafter called Axxonet) collects, uses, maintains and discloses information collected from users (each, a "User") of the Axxonet.com website ("Site") and the Axxonet Mobile apps from the Apple App Store and Android Play Store. This privacy policy applies to the Site, Mobile Apps and all products and services offered by Axxonet.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information, social security number/unique id’s as per prevailing legal policies. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Axxonet uses Cookies and associated technologies to track website usage statistics using tools such as Google Analytics and Piwik. Your usage of this website constitutes agreement and consent to track such usage.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Axxonet may collect and use Users personal information for the following purposes:

  • - To improve customer service
    Information you provide helps us respond to your customer service requests and support needs more efficiently.
  • - To personalize user experience
    We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • - To improve our Site
    We may use feedback you provide to improve our products and services.
  • - To process payments
    We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
  • - To run a promotion, contest, survey or other Site feature
    To send Users information they agreed to receive about topics we think will be of interest to them.
  • - To send periodic emails
    We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

Changes to this privacy policy

Axxonet has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and 
terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at the contact information at www.axxonet.com/contactus


This document was last updated on August 22, 2013