Preserve privacy

Preserve privacy

Threats to privacy have snowballed in the digital era, SC must act.
The creation of a nine-judge Supreme Court bench to decide whether right to privacy is a fundamental right focusses attention on an issue of critical importance in a digital era. The right to privacy is not explicitly mentioned in the Constitution but Article 21guaranteeing the protection of life and personal liberty does encompass various aspects of privacy. Categorising privacy as a fundamental right will grant it constitutional sanctity, and by implication, greater respect and compliance. But the government has opposed this classification citing two SC judgments, delivered in 1954 and 1962 that rejected a “fundamental right to privacy”.
These cases, however, sought curbs on policing powers and are not intrinsic to the privacy debate. The two petitions questioned search and seizure powers of police and surveillance on a suspected dacoit. No one is arguing for absolute privacy and no fundamental right is absolute in nature. For example, the powers of arrest are a legitimate exception to the right to personal liberty. Job reservations do not sit well with equality of opportunity.
But India's neglect of privacy laws is in stark contrast to other democracies.
Article 12 of Universal Declaration of Human Rights, to which India is a signatory, succinctly states: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence.“
The Supreme Court ruled in May 1950 that press freedom was enshrined in Article 19(1)(a) guaranteeing “freedom of speech and expression“, even though the Constitution doesn't mention press freedom explicitly. Once more the apex court is being called to enunciate a fundamental right. The digital age has spawned privacy threats at three levels: surveillance by governments, corporations harvesting user data, and from criminals and hackers.
Strong legal safeguards are needed against unauthorised access of databases and retention of data, data theft, and leak of private information. The mushrooming of Aadhaar ¬ initially pitched as a system to aid welfare transfers by eliminating impersonation and pilferage ¬ into a Sisyphean identification system dictating every aspect of a citizen's life is a valid cause for concern. Similarly, SC is also hearing a petition questioning midstream changes in WhatsApp's privacy policy that allowed it to share user data with its parent company Facebook. Government mustn't fear privacy. Making it a fundamental right will give governments, businesses and courts a definitive framework to facilitate Digital India.