Examine the evolution of Right to privacy in India through the Supreme Court judgements. Also critically examine Data Protection Bill in this respect.

Introduction

(Give the meaning of right to privacy and its legal background)

Right to unwarranted publicity and uninterrupted life by public matters is right to publicity, is enshrined in the UN HDR and it is a fundamental right as per Supreme Court interpretations of article 21

Context

Era of ICT, and implementation of biometric program has created a new look at the legal position of privacy in India

Need

*over 80 countries have passed national laws protecting the collection and use of student’s data by companies and government

*ICT has improved service delivery which requires data the date of the citizens is stored

*data is the new oil, data is new source of economy

*data can make make or break and Nation data is to be protected for the territorial sovereignty and unity of the nation leak of privacy can cause life threatening consequences

*increasing cyber-attacks cyber bullying and cyber espionage has made the right to privacy important for the democratic Nation

*the nation may become arbitrary as it holds the data of the citizen

*recent usage of cctv election commission andE- vahan have data base for identifying protestors of Delhi riots created concern over the future usage main lead to a surveillance state

*the recent casual treatment of citizens privacy by Indian government was backlash to the aarogyasetu contact tracing app

Evolution of right to privacy by Supreme Court judgements

 *MP Sharma vs Satish Chandra 1954 and correct Singh versus Uttar Pradesh 1962 the judges declared that under certain circumstances the privacy of individuals was to be protected there was no constitutional right to privacy

*Puttuswamy Vs India 2017 the Supreme Court held that privacy is a fundamental right

 Analysis of data protection bill 2019

Data protection bill 2019

India aim to create one trillion economic value by 2025 depends upon the emerging technologies this value is found to be created by the sale of

Data

• The bill has number of conditions for companies to follow
• Require permission before collecting the data
• It provides that uses of the data are the owners of the data the users can ask to for deletion same as that of European internet users right to be forgetten

Critic

• Bill does not protect individuals against the government
• Date of individuals like religion can be used in the name of national security
• Open ended Access could lead to misuse
• BN srikrishna chairman of draft committee warned that government open ended access lead to Orwellian state
• Establishment of data protection authority letter by chairperson and 6 committee members appointed by central government selection committee, the beauty of the comet 2 to appoint and remove members affects independence of the agency
• 740 million Indian users are to be e influenced by the data protection bill
• It will not be discussed by the parliamentary committee on information technology shared by Shashi tharoor has stired question of scrutiny and accountability.
• Willfull exercise of undermining the house affecting the transparency of the bill

Conclusion

 (Give the need for scrutinizing the bill and give some recommendations to fill the loopholes in the bill)