The Supreme Court in a landmark judgement said privacy is a constitutional right. Nine judges were unanimous in their observations. The verdict comes as a major setback for the government, which had argued that the Constitution does not guarantee individual privacy as an inalienable fundamental right. The judges concluded that "The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution". The judgement which will have a bearing on 134 crore Indians should be hailed as it empowers the citizens against the state. It also provides citizens an effective legal remedy of challenging any state action that violates their privacy under the writ jurisdiction.
India till now did not have a dedicated law on privacy and August 24, 2017 will go down as a red-letter day in the history of the country, a day when new vistas were opened up for freedom. This judgment assumes extreme importance as it recognises, for the first time, the significance of privacy, both personal and data privacy. It will prevent any kind of snooping. India is fast moving towards a digital revolution. A core issue related to the digital age would be protection of privacy. The mobile revolution is one of the most critical aspects of modern-day life in India and the spotlight is on those people in this field. It becomes extremely crucial that the privacy of data of Indians as also their personal privacy be adequately protected. The present judgment assumes more significance as it provides the status of sanctity to the right to privacy.
The judgement, which has huge long-term ramifications for the state and other stakeholders in the digital ecosystem, will throw a big question mark on government's decision making Aadhaar cards mandatory. Despite repeated assurances by the government, questions were being raised over the security of Aadhaar data after it was found to be being leaked on websites. Now, the government is asked to ensure a "robust regime for protection of data that would deliver "a careful and sensitive balance between individual interests and legitimate concerns of the state." There will be a monumental impact on how the legal jurisprudence on privacy will develop in India. The verdict will also have a bearing on other verdicts including the WhatsApp privacy policy and Section 377 which criminalises gay sex. What remains to be seen is to what an extent it impacts Aadhaar card and whether citizens are empowered to refuse giving biometric authentication.
India till now did not have a dedicated law on privacy and August 24, 2017 will go down as a red-letter day in the history of the country, a day when new vistas were opened up for freedom. This judgment assumes extreme importance as it recognises, for the first time, the significance of privacy, both personal and data privacy. It will prevent any kind of snooping. India is fast moving towards a digital revolution. A core issue related to the digital age would be protection of privacy. The mobile revolution is one of the most critical aspects of modern-day life in India and the spotlight is on those people in this field. It becomes extremely crucial that the privacy of data of Indians as also their personal privacy be adequately protected. The present judgment assumes more significance as it provides the status of sanctity to the right to privacy.
The judgement, which has huge long-term ramifications for the state and other stakeholders in the digital ecosystem, will throw a big question mark on government's decision making Aadhaar cards mandatory. Despite repeated assurances by the government, questions were being raised over the security of Aadhaar data after it was found to be being leaked on websites. Now, the government is asked to ensure a "robust regime for protection of data that would deliver "a careful and sensitive balance between individual interests and legitimate concerns of the state." There will be a monumental impact on how the legal jurisprudence on privacy will develop in India. The verdict will also have a bearing on other verdicts including the WhatsApp privacy policy and Section 377 which criminalises gay sex. What remains to be seen is to what an extent it impacts Aadhaar card and whether citizens are empowered to refuse giving biometric authentication.
