International Journal of Pure and Applied Mathematics

Volume 120 No. 5 2018, 4067-4074

ISSN: 1314-3395 (on-line version)
url: http://www.acadpubl.eu/hub/
Special Issue
http://www.acadpubl.eu/hub/

RIGHT TO PRIVACY IN DIGITALIZED INDIA

1
SANTHOSH S , 2Ms. Renuga C
1
Student of Saveetha school of law, saveetha university, Saveetha Institute of Medical and Technical Sciences
,Chennai77, Tamil nadu , India.
2
Assistant professor, saveetha school of law, saveetha university, Saveetha Institute of Medical and Technical
Sciences ,Chennai77, Tamil nadu , India.
1
[email protected], [email protected]

Abstract:

This paper shall deal with the advent of privacy as a concept in India, relating to right
to privacy in India and the effect that it would have on the Indian economy at large. This
paper would like to specifically focus on right to privacy in digitalized India and the impact it
could have on the citizens of India, especially considering a large number of people live in
very technologically isolated areas, where a phone signal itself is hard to comeby, let alone an
internet connection to access modern facilities such as net banking, etc. Therefore, it is
important to note that the effects of right to privacy might reach everyone in the country,
which inevitably leads to differing circumstances. With the advent of the Aadhar card, it is
also important to note that the biometric data of every Indian citizen will be stored in one
gigantic database, which would result in many safety issues that would pop up as a result of
many potential cyber threats and other such issues. This paper shall deal with those potential
threats, and truly gauge whether right to privacy will be enforced by the citizens of India.
Keywords: Digitalization, aadhar, privacy, data, security, cyber.
Introduction:
The present spotlight on the privilege to protection depends on some new substances of
the computerized age. Individual spaces and securities that were already allowed basically by
physical division are never again ensured. The computerized organize enters the most
proximate spaces and difficulties the typically acknowledged ideas of the private. It brings
into concentrate new methods for practicing social, financial, and political power, and
lessening of autonomies. Like in the physical space, the private and people in general should

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be isolated in the computerized domain too. We require an established definition and

assurance of the privilege to uniqueness, individual self-governance and security in the
advanced age. It must be given in the clearest terms by the Supreme Court, which is at
present thinking about this issue. All such roles of the state must be constitutionally
circumscribed, with strict laws. While establishing a right to privacy, the Supreme Court must
also direct the state to develop appropriate institutions for shaping the state’s role in a digital
society/economy. This may require, at some stage, an independent branch of the state
exclusively dealing with data issues and management. Confining of a privilege to security
must not reduce the state's expected part in our aggregate computerized prospects. This will
just guarantee that worldwide advanced partnerships turn out to be almighty financial, social
and political performing artists. They as of now give the majority of the advanced
administrations that give off an impression of being of an open amicableness, and thus
control and shape whole areas. The aim of this study is to compare right to privacy before and
after digitalization, and to observe if right to privacy is being followed and enforced by the
people of India.
Research Methodology:
This paper will use a non-empirical, doctrinal form of research using secondary sources
as the main source of data. Secondary sources such as books, journals, research papers and
court judgements will be used to support the claims made in this paper. The gap that this
paper will try to fill is whether digitalized India concept affects right to privacy or not.
Supreme Court Judgement:
On 21st of August, 2017, the nine-judge seat of India's Supreme Court has recently
decided that "protection is characteristic for opportunity of life and individual freedom"
ensured in Article 21 of the Constitution of India and qualifies as "a primal common right".
The Court has underscored that its undertaking was to "give established significance to
singular freedom in an interconnected world". The judgment tries to expand a thought of
protection with extraordinary consideration regarding "mechanical advance" that has
rendered our "lives open to electronic investigation." The protracted content connects with
the good and lawful inquiry of protection. Be that as it may, law in advanced circumstances
should likewise think about the material parts of protection, and the social and monetary
outcomes of particular mechanical models and how they emerge/damage/regard security.
Security or its scarcity in that department is incorporated in with the outline of techno
antiquities and winds up embroiled specifically courses with specific arrangements of

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computerized stuff. The Honourable Court has recognized that "electronic tracks contain
capable methods for data" and consequently protection concerns are a major issue "in the
period of data". Be that as it may, the judgment is just a start. The true appearances of the
privilege to security in the advanced age will depend especially on standards improvement by
the administration, and decisions of the courts, in regard of the solid plan of the
computerized. As we proclaim the notable judgment, we have to advise ourselves that the
genuine assignment lies ahead. The bench comprised Chief Justice Khehar and Justices J.
Chelameswar, S.A. Bobde, R.K. Agrawal, Rohinton Nariman, A.M. Sapre, D.Y.
Chandrachud, Sanjay Kishan Kaul and S. Abdul Nazeer.
Landmark Cases regarding right to privacy:
District Registrar and Collector, Hyderabad and another v. Canara Bank and another
(2004). This Supreme Court judgment refers to personal liberty, freedom of expression and
freedom of movement as the fundamental rights that further gives rise to the right to privacy.
Petronet LNG LTD vs. Indian Petro Group and Another (2006). This was before the Delhi
HC and it was established that firms cannot assert a fundamental right to privacy. Selvi and
others v. State of Karnataka and others (2010). Interestingly, the SC made a difference
between physical privacy and mental privacy. The case also established a connection of the
right to privacy with Article 20(3) (self-incrimination). Unique Identification Authority of
India & Anr. v. Central Bureau of Investigation (2014). The Central Bureau of Investigation
sought access to the huge database complied by the Unique Identity Authority of India for the
purposes of investigating a criminal offence. The SC, however, said that the UIDAI was not
to transfer any biometrics without the consent of the person.
Justice K.S. Puttuswamy (Retd.) & Anr. v. Union of India & Ors. (2015). The Unique
Identity Scheme was discussed along with right to privacy. The question before the court was
whether such a right is guaranteed under the Constitution. The attorney general of Indian
argued that it privacy is not a fundamental right guaranteed to Indian citizens
Privacy and the materiality of technology design:
Specific outline highlights of an innovation open up specific regulating and moral
issues and difficulties relating to security. The promotion based model of the Internet depends
on an exploitative, 'access-for-information' arrange at the base of the worldwide
reconnaissance administration. It empowers free-of-cost access to online data and
correspondence administrations for clients, while in the meantime eating up relentlessly all of
their own data. Stages and their terms of administration control the degrees of protection,

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constantly guaranteeing access to client information of course. In an examination

investigation of 26 security applications for ladies, it was discovered that every one of them,
incidentally, need arrangements for protection or terms of utilization, in this manner
involving a high danger of conceivable information and fraud and unfortunate reconnaissance
of clients. Each improvement in computerized innovation that turns out to be a piece of our
social texture compels us to go up against another inquiry concerning the material outline of
protection. The organization between Google's Deep Mind and National Health Service UK
uncovers that brought together data frameworks end up helpless against ruptures,
notwithstanding information insurance law and utilize confinement rules. The approach of
individual advanced associates has introduced indirect access pathways through which
recorded discussions are radiated back to equipment producers. Automatons for home
conveyances are examining clients' homes to outline retail openings, and because of shrewd
information and IoT improvements, gadgets converse with each other, without human
intervention. In the data age reality, approaches or laws as for protection, for example, the
'notice and gathering' guideline, are in this manner rendered out of date. The hard code of
advanced advances additionally appears to take the level headed discussion on the plain
thought of security to new edges. Headways in Big Data examination empowered by
subjective figuring upgrade the danger of social profiling and separation for individuals from
underestimated networks. As a few researchers put it, "the sheer number and lavishness of
databases and the expanding advancement of calculations" elevates not simply singular
weakness to state and corporate observation, yet in addition endangers the educational
security of whole social gatherings. In any case, we are a long way from laws to oversee
calculations or Artificial Intelligence. Security must be rethought likewise as an aggregate
right (PDF), and not only an individual one. In the particular decisions of techno-plan made
to discharge apportions for the poor through biometric check, the current Aadhaar-based
framework, which utilizes ID numbers to track clients of an expanding number of taxpayer
supported organizations, takes away control that an individual has over their own particular
biometric information. Rather, it opens them to the danger of wholesale fraud, borne out by
numerous tales from various parts of the nation. As has been brought up, it was very
conceivable to decide on a plan that was more decentralized through shrewd cards (PDF),
with all the individual information held by singular recipients themselves. Yet, the civil
argument is regularly displayed as fait accompli – to be poor, doubtlessly, is to do without the
privilege to security.

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Interpreting the ‘proportionality of interference’ principle:

Iiation space under the RTI Act. There was no rupture or spillage of Aadhaar
information from UIDAI database or server as has been circulated by the said report. UIDAI
said that acting instantly on this, UIDAI and the Ministry of Electronics and IT had
coordinated the concerned government divisions/services to quickly expel it from their sites
and guarantee that such infringement don't happen in future. Certain different measures were
additionally taken at different levels to guarantee that such episodes of show of Aadhaar
numbers don't happen. Following UIDAI's activity such information were expelled from
these sites promptly. Be that as it may, the news introduced the actualities in a skewed way
and misdirects perusers as though Aadhaar information has been spilled or broken at 210 sites
posturing Aadhaar security is defenceless. UIDAI emphasized that Aadhaar security
frameworks are best of the worldwide gauges and Aadhaar information is completely secure.
There has been no break or spillage of Aadhaar information at UIDAI. Additionally, the
Aadhaar numbers which were made open on the said sites don't represent any genuine danger
to the general population as biometric data is never shared and is completely secure with
most elevated encryption at UIDAI and insignificant show of statistic data can't be abused
without biometrics. UIDAI illuminated that the Aadhaar number is definitely not a mystery
number. It is to be imparted to approved organizations when an Aadhaar holder wishes to
profit a specific administration or advantage of government welfare plot/s or different
administrations. Be that as it may, that does not imply that the correct utilization of Aadhaar
number represents a security or money related risk. Likewise, insignificant accessibility of
Aadhaar number won't be a security danger or won't prompt budgetary/other
misrepresentation, with respect to an effective verification unique mark or iris of individual is
additionally required. Promote all verifications occur within the sight of faculty of individual
specialist co-op which additionally add to the security of the framework.

Conclusion:
Right to privacy has made leaps and bounds in the world of digitalized India, however, there
always exists the possibility that things could go in harm's way if there ever was a security
breach. However, with the implementation of cyber laws and cyber crimes in India, it does
not seem like anything short of a terrorist attack on the databases that the Indian government
holds all the biometric data that aadhar stores will ever be stolen. As a result, right to privacy
is being protected by the government of India.

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