Right to Privacy

Published on 16 Jan 2025

The Supreme Court in the landmark K. S. The Puttaswamy case declared that the right to privacy is a fundamental right and intrinsic to life and personal liberty under Article 21 of the Constitution.

Need to have right to privacy

• Dignity and autonomy: Privacy rights allow people to make personal choices, express themselves freely and maintain control over their personal information.

• Example: Better protection against incidents like Air India data breach and Aadhar data breach.

• Protection from surveillance: Privacy rights act as a safeguard against unwarranted state surveillance and thus prevent state intrusion into the personal sphere.

• Example: Pegasus case has shown potential for state misuse of data for surveillance.

• Data protection: In the digital age, privacy rights are essential for regulating the collection, processing and storage of personal data, to establish individual control over data.

• Example: Health data leaks from AIIMS call for strengthening data norms.

• Individual liberty: Privacy rights enhance fundamental rights like freedom of speech and expression, without the fear of them being curtailed.

• Example: Privacy rights are necessary to ensure press freedom and ensure truthful reporting of events

• Protection from discrimination: Privacy rights can shield individuals from discrimination based on caste, religion, gender and sexual orientation.

• Example: AI-based surveillance is being criticised for being biassed against Muslims and Dalits.

• Protect minority rights: Privacy rights have been critical to preventing misuse of data against minorities like women, LGBTQ, and religious and linguistic minorities.

Even while considering all these factors that necessitate data protection, there have been various challenges that have hindered India from enacting a data protection bill.

Why delay in enacting Data Protection legislation

• Balance stakeholder interests: Balancing the interest of various stakeholders including government agencies, businesses, civil society organisations and individuals as all these groups have different priorities associated with data protection.

• Global data flow: There is a requirement to transfer data around the globe for processing. Even data localization norms for storage have been criticised by the West.

• Scope and definition: Defining what constitutes personal data, sensitive data etc. is very subjective and debatable.

• Resource constraints: Lack of effective funding and trained personnel has also hindered India’s data protection efforts.

Data protection Act

India has recently passed the Digital Personal Data Protection Act,2023. Some of the significant features of the act are

• Applicability: Applicable to data collected online and those collected offline and then digitised. Will also apply to those data processed outside India if it offers service in India.

• Consent: Data can be processed only after obtaining consent, which could be withdrawn at any point in time.

• Rights of data principal: They have the right to seek information about processing, seek correction and erasure of personal data.

• Duties of data fiduciary: Ensure the accuracy of data and prevent events of data breach. Erase personal data when retention is not necessary.

• Personal data outside India: Allows transfer of personal data outside India, except to countries restricted by the central government.

• Data Protection Board of India: To be established by the central government for monitoring and to ensure compliance and to direct the data fiduciaries to take necessary measures in events of data breach.

Tags:
Polity

Keywords:
Right to Privacy article 21 K. S. The Puttaswamy case Data protection Act

Syllabus:
General Studies Paper 2

Topics:
Indian Constitution