Right To Privacy In The Digital Age - Implications Of Aadhar Judgement And Digital Data Protection Act
Author: LawSphereX
Category: Constitutional & Human Rights
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RIGHT TO PRIVACY IN THE DIGITAL AGE:
IMPLICATIONS OF AADHAR JUDGEMENT AND DIGITAL
DATA PROTECTION ACT
Devanshi Sharma, Himachal Pradesh National Law University, Shimla
ABSTRACT
This article explores the evolution of Right to Privacy in India by focusing on the landmark Aadhar judgment and the subsequent Digital Data Protection Act. Further, it discusses the significance of Privacy and how the Aadhar judgment and law and order have shaped it in India. Exploring the core concepts of Aadhar judgement and the Digital Data Protection Act becomes essential. This helps to understand the amalgamation of Privacy with legitimate Data Processing. By comparing the pre-and post-Aadhaar and Act scenarios, the article highlights the paradigm shift in India's privacy landscape and the ongoing challenges in ensuring data protection while fostering development. Keywords: Privacy, Data Protection, Digital Data Protection Act, Article 21, Surveillance.
INTRODUCTION
The world is a global village. 1 Privacy has become an indispensable part of everyone’s life. From youngsters to elderly ones, everybody demands their private time and private space. But the question arises: "Is privacy limited to only our personal space or referring, as per the GEN Zs, the ‘me time’? ” Private space is just one single element of Privacy. In an actual sense, privacy is a broader concept. Privacy is a natural right of every citizen of India. This can be proved by the fact that the right to privacy2 has been inherently guaranteed under Article 21 of the Constitution of India. One must agree that new challenges for privacy have also emerged with the advent of new technologies. 3 Therefore, it has become momentous to make privacy a corollary to law. Privacy is associated with human dignity.
The gravity of the importance of Privacy can be viewed from the words of Justice Deepak Mishra, CJI – “Destruction of individual identity would tantamount to crushing of intrinsic dignity that cumulatively encapsulates the values of privacy, choice, freedom of speech and other expressions. ”4 The in-depth understanding of Privacy in India can be understood by analysing two significant aspects -
AADHAR JUDGEMENT DIGITAL DATA PROTECTION ACT
AADHAR JUDGEMENT- A LANDMARK DECISION
This case was initially referred to as Justice K.S. Puttaswamy (Retd.) & Anr—Vs Union of India & Ors.5, is the cornerstone of India's ‘Right to Privacy’ jurisprudence. The nine Judge Bench in this case unanimously reaffirmed that right to privacy is a fundamental right under the Constitution of India. The Court held that the right to privacy was integral to freedoms
1 Marshall McLuhan, Understanding Media: The Extensions of Man.
2 Article 21, Constitution of India.
3 Privacy is everywhere- How to deal with emerging problems? Available at Privacy is everywhere: how to deal with emerging problems? – WS 02 2018 - Euro DIG Wiki (last visited 8 August 2024).
4 Akkai Padma Shali V Union of India Thr Secretary Ministry Of Law And Justice AIR 2018 SCC 438.
5 AIR 2018 SC 1841.
guaranteed across fundamental rights and was an intrinsic aspect of dignity, autonomy and liberty. 6 It revolves around Articles 14, 19 and 21 of the Constitution of India. The issue in this case was whether the right to privacy is a fundamental right, which was brought forth in 2015 when dealing with the legality of the Aadhar database. Before the Aadhar judgement, there was still ambiguity regarding whether the right to privacy was a fundamental right. 7 Justice K. S. Puttaswamy filed the petition in proportion to the Aadhar project brought by the Unique Identification Authority of India (UIDAI). 8 The Aadhar project was connected with welfare schemes, and he challenged the constitutional validity of the Aadhar card scheme and other aspects.
The Supreme Court, through six separate opinions, pronounced privacy to be a distinct and independent fundamental right under Article 21 of the Constitution. 9 The definition of the right to privacy was partial, as it opens the scope for other elements to be included. One significant aspect was also mentioned in this case: informal privacy was also a part of the right to privacy. Recognising the urgency of data protection, the Court determined that legislation on the matter is the purview of Parliament. 10 The Supreme Court’s decision in upholding the validity of the Aadhar database has specific pros and cons:
PROS OF AADHAR JUDGEMENT
CONS OF AADHAR JUDGEMENT
BETTERMENT
IN
SERVICE
COMPULSORY LINKING
DISCHARGE
LEGITIMISATION OF AADHAR
SURVEILLANCE STATE DUE TO
EXCESSIVE DATA COLLECTION
This case explained to a greater level the importance of privacy and its consequences. Gradually, it has been observed that people are becoming aware of their rights and, in this case, their right to privacy. DIGITAL DATA PROTECTION ACT- A NEW DAWN FOR PRIVACY?
Moving ahead with the Digital Data Protection Act, it is found that privacy is directly proportional to the digital world. It is legislation that tries to maintain an equilibrium between citizens’ right to protect their data and the unavoidable use of their data but with lawful purposes. These types of laws are mandatory so that the citizens of India have faith in their law-making bodies. Before 2022, India needed a comprehensive privacy law. In 201711, the Supreme Court of India recognised privacy as a constitutionally protected right in the Puttaswamy judgement. 12 The bill13 It was introduced on 3 August 2023 in Lok Sabha. The primary objective of the Act is to establish a comprehensive framework for the Protection and Processing of Personal Data. 14 The act defines terms such as Data, Processing of Personal Data, Applicability, Consent, Obligation of Data Fiduciary, etc.
It primarily tries to protect the personal data. 15 11 Chris Brook, what is India's Digital Personal Data Protection (DPDP) Act? Rights, Responsibilities & Everything You Need to Know available at https://www. digitalguardian. com/blog/what-indias-digital-personaldata-protection-dpdp-act-rights-responsibilities-everythingyou#:~:text=The%20Digital%20Personal%20Data%20Protection%20Act%2C%20or%20DPDP%20Act%2C% 20passed,such%20data%20for%20lawful%20purposes. (last visited 8 August 2024).
12 Supra note 9 at page 3.
13 The Digital Personal Data Protection Bill, 2023
14 Ishwar Ahuja, Sakina Kapadia, Digital Personal Data Protection Act, 2023 – A Brief Analysis available at https://www.barandbench.com/law-firms/view-point/digital-personal-data-protection-act-2023-a-brief-analysis (last visited 8 August 2024).
15 ibid.
PRIVACY PARADIGM SHIFT- INDIA BEFORE AND AFTER AADHAR AND DATA
PROTECTION ACT
Privacy and data usage, as mentioned above, work hand in hand. On the one hand, it is necessary to maintain people's privacy; on the other hand, it is also crucial to use their private data for lawful purposes. All in all, the thing that matters is the balance between data usage and maintaining a particular individual's privacy. Both data protection and data usage are significant global concerns. 16 India’s privacy has seen a tremendous, transformational shift. This can be understood by studying the varying trends in privacy before and after the Aadhar judgement and Data Protection Act. Before the acts, India relied on the Information Technology Act of 2000, although it was not designed to address the data protection concern. Moreover, data exporting and importing were unrestricted, but there was limited legislation on collecting or using it.
The citizens were given very minimal access and control over their personal information. It was not like there was no surveillance, but it was comparatively less prevalent than in the Aadhar era. After the act, a new centralised biometric database emerged, raising concerns about data security and privacy. Apart from this, the government made it mandatory to link the Aadhar to avail of different services, reducing unnecessary delays. It can be said that Aadhar acts as a catalyst by accelerating the need for a data protection framework. It is also crucial to balance privacy, security and development.
CONCLUSION
It can be concluded by stating that privacy is as important as any other fundamental right. Many judgements in the history of India proved that confidentiality is essential, and its misuse can create trouble to a greater extent. However, respecting everyone’s privacy is the sole motto for incorporation in part III of the constitution. The Aadhar judgement and Digital Data Protection Act brought a lot of changes and hues at the same time. It is, therefore, the responsibility of the state to respect everyone’s privacy and, in return, the duty of every citizen to cooperate with the state regarding security and essential collection of databases. 16Antima Tiwari, A Paradigm Shift In Data Protection: Analysing The Digital Personal Data Protection Bill In The Context Of India's Privacy Landscape available at https://articles. manupatra.
com/article-details/A- Paradigm-Shift-In-Data-Protection-Analyzing-The-Digital-Personal-Data-Protection-Bill-In-The-Context-Of- India-s-Privacy-Landscape