RIGHT TO PRIVACY AND AADHAAR
The right to privacy is a fundamental human right that ensures individuals have control over their personal information and protects them from unwarranted intrusion and surveillance. In the digital age, the advent of technology and the collection of vast amounts of personal data have raised concerns about the protection of privacy. The case of Aadhaar, India’s national biometric identification system, has sparked debates about the balance between the right to privacy and the need for efficient governance.
Aadhaar was introduced in India as a unique identification number that would provide individuals with access to government services and benefits. It was implemented with the objective of improving efficiency, reducing fraud, and ensuring better targeting of welfare schemes. However, concerns were raised about potential privacy violations and the security of the personal information collected.
In 2017, the right to privacy was recognized as a fundamental right by the Indian Supreme Court in the landmark judgment in the Aadhaar case. The court ruled that privacy is an intrinsic part of the right to life and personal liberty guaranteed under the Indian Constitution. This decision affirmed the importance of privacy as a fundamental right and laid the foundation for the protection of privacy in the country.
While Aadhaar continues to be a vital tool for government service delivery, there have been significant efforts to protect the privacy of individuals. The Aadhaar Act was enacted in 2016, which provided a legal framework for the collection, storage, and usage of Aadhaar-related information. The act incorporated several safeguards, including the requirement for informed consent, limitations on data sharing, and strict penalties for unauthorized disclosure of information.
Additionally, the Supreme Court’s judgment in the Aadhaar case imposed further restrictions and safeguards. The court ruled that Aadhaar cannot be made mandatory for availing government welfare schemes and services, except for certain essential services like filing income tax returns and obtaining a PAN card. This decision ensures that individuals have a choice in sharing their Aadhaar information and are not compelled to link it with every aspect of their lives.
However, concerns still linger regarding the security and privacy of Aadhaar-related information. Cases of data breaches and leaks have raised questions about the vulnerability of the system. It is essential for the government to continuously strengthen the security infrastructure and implement robust data protection measures to address these concerns.
The right to privacy also extends beyond the Aadhaar system. It encompasses the protection of personal data in the digital realm, such as online transactions, social media, and mobile applications. The Indian government has recognized the importance of data protection and is in the process of enacting a comprehensive data protection law, namely the Personal Data Protection Bill. This legislation aims to regulate the collection, storage, and processing of personal data in the country and enhance privacy rights.
Furthermore, the responsibility to protect privacy does not lie solely with the government. Individuals must also take steps to safeguard their personal information. This includes being cautious while sharing personal information online, using strong passwords, and regularly updating privacy settings on social media platforms.
Privacy is a fundamental right that forms the bedrock of individual autonomy and dignity. While Aadhaar has brought about significant improvements in service delivery and governance, it is essential to strike a balance between its benefits and the protection of privacy. The recognition of the right to privacy by the Indian Supreme Court and the implementation of safeguards in the Aadhaar Act are steps towards ensuring privacy protection. However, continuous efforts are needed to strengthen security measures, address breaches, and enact comprehensive data protection legislation to safeguard privacy in all aspects of our lives. Ultimately, privacy rights should be respected, protected, and upheld in the digital age.
AUTHOR – MAANYA SINGH, a Student of JAIPUR NATIONAL UNIVERSITY
