Relevance : GS Paper II
Introduction
In K.S. Puttaswamy case, the Supreme Court held that Indians have a fundamental right to privacy.
Three tests to be passed by the state
The judgment held that the right may be restricted only by state action that passes each of the three tests:
- First, such state action must have a legislative mandate;
- Second, it must be pursuing a legitimate state purpose; and
- Third, it must be proportionate.
Judgment not followed by the govt.
- The govt. continued to commission and execute mass surveillance programmes.
- The Ministry of Home Affairs, in December last year, authorised 10 Central agencies for mass surveillance.
- In July last year, Ministry of Information Broadcasting had floated a tender for ‘Social Media Monitoring Hub’.
- A request for similar social media surveillance programme was floated in August last year by the UIDAI.
- The Income-Tax department has its ‘Project Insight’ which also has similar mass surveillance ends.
- The government has shunned a rights-oriented approach in personal data. This approach is evident in Justice Srikrishna committee.
Conclusion
A rights-oriented data protection legislation which prohibits mass surveillance is still possible.
