Privacy In India: Definition-Aadhaar, Privacy and Constitutionality-SriKrishna Committee and Data Localization and its Benefits-Privacy norms in other Countries-Aarogya Setu App and Privacy-RBI's Regulations on Privacy-WhatsApp and Privacy update-Govt response on Update

 We Indians might Unaware about the Word 'Privacy' few Decades back, but now we Start giving Importance to it, and Care about it

After Roti-Kapda-Makaan(Food-Clothes-Shelter), now, we are demanding Privacy as our basic Fundamental need. The Cambridge Analytica scandal case, in which Facebook had shared the Data of nearly 5 Lakh Indian users through a third-party application for the targeted Advertisement without taking their consent. Does it not the clear breach on Privacy? The Supreme Court of India in Puttaswamy case, held that Right to Privacy is a Fundamental Right under Article 21 of the Constitution. In this article you will going to have a basic idea about WhatsApp Privacy Update, Aarogya Setu App and Privacy issues, Data Localization as recommended by SriKrishna Committee, RBI regulations issued to payment system operators(PSOs) etc.

Privacy can be defined as, A person can do whatever he/she thinks fit for him/her under the defined set of limits and at the same time without affecting the Rights of others. Or, It emphasizes on the fact that all information about a person is Fundamentally his/her own, and the person is free to communicate or retain it. 

Aadhaar-Privacy and Constitutionality:

In 2016, Central Govt had passed Aadhaar Act as a Money Bill so as to give it a statutory status, and Unique Identification Authority of India(UIDAI) was given the responsibility to collect and store the data in a Centralized manner. Many experts and scholars have criticized the Aadhaar Act on the ground that it requires Demographic and Biometric data of the individual which is against the Privacy Right. Since India has not Legislated any exclusive data privacy Law, there may excessive state surveillance and misuse of personal data for the commercial purposes. Initially it was made mandatory to link Aadhaar with Financial transactions such as Bank Account, Mutual Fund, Credit Cards, Insurance Policies etc. Supreme Court in Sept. 2018, while analyzing the validity of Aadhaar, made it unconstitutional on the ground of breach on Right to Privacy, and ruled that enrollment to the Aadhaar is voluntary in nature, those who not willing to give consent should be allowed to exit the scheme. Section 57 of Aadhaar Act was ruled as unconstitutional that make it clear that whatever data under Aadhaar Scheme has stored, only Govt can use and not by Private players.

SriKrishna Committee and Data Localisation:

Data Localisation is defined as the domestication of personal data for the purpose of Use, Share, Disclosure, Collection etc within the territory of a Country. SriKrishna Committee favored the data localisation and given many recommendations which should be taken into consideration while formulating a policy or Law. Some of the recommendations of committee are as follows..

-There should be a Law that shall cover processing of personal data by both Public and Private entities.

-Consent must be a necessary condition for the processing of personal data.

-The committee includes Passwords, Financial data, Health data, Official identifier, Sex life, Sexual orientation, Biometric and genetic data, and data that reveals Transgender status, intersex status, Caste, Tribe, Religious or Political belief or affiliation of an Individual as sensitive personal data.

-Right to be forgotten may be adopted.

-If there shall be any requirement of cross border transfer of personal data, other than critical personal data, it should be through Model Contract Clauses which should have key obligations like liability, in case of violations etc.

Practices in other Countries:

CHINA, She follows a stringent data localization norms, any cross border flow of personal data requires security assessment.

EUROPEAN UNION, They have instituted General Data Protection Regulation(GDPR), it is a comprehensive privacy and data security regulation, it aims to protect personal data of its people. It emphasizes on informed and unambiguous consent from citizens and residents regarding movement of the personal data.

Benefits of Data Localisation:

-With huge domestic Data, India can create White collar jobs by utilizing Cloud Computing, Data Analytics etc.

-Data Localization may help Law Enforcement Agencies to get access to user data for Investigation and Prosecution purposes, which will help in protecting National Security of India. 

Aarogya Setu App and Privacy:

Many experts and scholars have raised concerns about the mandatory download of Aarogya Setu App, according to them it is a breach on privacy of an Individual. Actually, App was designed to identify people with symptoms or Positive Corona Virus Infection, so that Authorities can isolate the person for necessary Medical Assistance and arrest further spread of Infections. There are certain things, the App will ask from an individual- His/her Name, Phone Number, Age, Sex, Profession, Countries visited in the last 30 days. At the time of Registration individual's location details are captured and uploaded to the server. The App also continuously collects location data and store securely on mobile device, a record of all the places an individual have been at 15 minutes intervals and this data will only be uploaded to the server if-

-The Individual is likely to be infected with COVID-19, or

-The Individual tests positive for COVID-19.

With regard to the question of Privacy, Govt has clearly explained that data stored in the server is totally 'Encrypted' in its transit as well as at rest.

Anti-Conversion Ordinances and Privacy:

If you want an elaborate explanation please click on the link-https://pandemic365.blogspot.com/2020/12/anti-conversion-law-love-jihad-schc.html

RBI's Regulations on Privacy:

In April, 2018, Reserve Bank of India(RBI) issued a directive advising all payment system operators(PSOs) to ensure that the entire data relating to the payment system is stored within database located in India within 6 months. Following the guidelines, as many as 80% players in the payment industry such as Amazon, Paytm, WhatsApp etc have complied with the norms.

WhatsApp and Privacy Update:

One of the Social Media Giant WhatsApp has announced an update to its terms of service and privacy policy. Now users would no longer be able to opt out of sharing data with Facebook. The mobile messaging Company has clarified that the update would not affect users message to friends or family, the changes only relate to messaging a business using the platform. The company claimed that the update will provide further transparency about how the company collects and uses data, as millions of business interactions take place every day on WhatsApp.

The WhatsApp update issue has created a sense of fear among many users, who, concerned about their privacy many even switched to alternative platforms such as 'Signal' and 'Telegram'. To remove the uncertainty among users, WhatsApp says private messages will continue to be Encrypted end-to-end and won't affect privacy.

Govt Response on Update:

Indian Govt has asked WhatsApp to revoke the changes in its privacy policy, as it has raised grave concerns over the implication of the choice and autonomy of Indian Citizens. In addition to this, Govt also asked the Company to reconsider its approach to respect the informational privacy freedom of choice and data security of Indian Citizens.

References-

Newpapers,

SriKrishna Committee Report,

https://www.mygov.in/aarogya-Setu-app/