Apar GuptaAnniversaries, when meaningful, are not mechanical celebrations played out each year, but prompt deeper reflection. This month marks not only 75 years of Independence but also five years of the right to privacy judgment. On August 24, 2017, the Supreme Court reaffirmed privacy to be a fundamental right, linking it to each fundamental right under the Constitution. It prescribed tests that became legal qualifiers for ensuring an effective framework for state and corporate accountability to ensure the autonomy, liberty and dignity for all Indians.
Archives for the tag Aadhaar
Why draft data accessibility policy is dangerous
The government may very soon start selling your data based on a proposed policy released by the Ministry of Electronics and Information Technology (MEITY), titled “Draft India Data Accessibility & Use Policy 2022”. The policy aims to “radically transform India’s ability to harness public sector data”. If passed, it would govern, “all data and information created/generated/collected/archived by the Government of India” as much as, “State Governments [who] will also be free to adopt the provisions of the policy”. The twin purpose to which this data will be put to will be government-to-government sharing and high value datasets for valuation and licensing. There are three clear reasons why this policy deserves a recall by the Union government.
Was the Aadhaar judgement a pyrrhic victory on the issue of money bills?
Methods of interpretation
Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors.
The Supreme Court affirmed the right to privacy as a fundamental right under the Indian Constitution. The landmark ruling, made by a nine-judge bench, unanimously held that privacy is intrinsic to the right to life and personal liberty under Article 21 and is protected under the freedoms guaranteed by Part III of the Constitution. This judgement paved the way for greater scrutiny of government actions affecting privacy, including the Aadhaar scheme, and underscored the need for robust data protection laws in India.
As nightfall does not come all at once, neither does oppression…
Rights in the age of big data
Data protection legislation should be about protecting people, not innovation.
Dialling the wrong number
Dialling The Wrong Number
Shortly after the Supreme Court declared privacy to be a fundamental right, most cellphone users received a message from their telecom operators which seemed to negate it. The message threatened disconnection of cellphone connections if a user failed to link their Aadhaar. These messages and calls have only increased in frequency. This re-verification requires a user to visit a telecom service centre, undergo biometric authentication by putting their fingerprints on an authentication device, and hope that the details in the Aadhaar database match with their cellular connection.