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Privacy (DNA Profiling (Draft Bill by Law Commission, Purpose :…
Privacy
DNA Profiling
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Purpose : Identification only;Identifying missing & deceased persons, disaster victim identification & investigation of crimes
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Setting up of statutory DNA Profiling Board that will define standards & procedures for DNA laboratories throughout India
Creation of DNA databanks at national & regional levels responsible for maintaining DNA profiles fro accredited laboratories. Also maintain indices like crime scene index, suspect's index, deceased person's index, missing person's index
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Sharing of info with foreign gov or others only for identification purposes, any violation imprisonment upto 3yrs & fine upto 2 lakhs
Other
Countries
US: Social Security Number, not necessary for state citizen interaction, but law can ask social security number for tax compliance & child support; privacy not explicitly given, but laws such that physical & informational privacy guaranteed especially Privacy Act 1974 that req Fed Agencies to reveal purpose of collecting personal info & be accountable for the same
Japan : identification number implemented in 2015, privacy right not explicitly stated but law states if personal info of citizen used has to be informed & data should be kept safe from leakages
Canada : Initially brought for data protection, then evolved to include chk on state intrusion into private lives
EU : European Convention for Human Rights no intrusion into personal life unless otherwise for legitimate reasons like natl security, social welfare etc, estd of public authority for chks
Sweden: 1st country to implement Personal Identification number, number req for citizen state interaction,welfare state,privacy low priority, but by law protects from public intrusion into private integrity
Germany : After bitter exp of Nazi govt surveillance strict policies to an extent that Google , Facebook uncomfortable
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Current
Judgement
Right to Privacy is funda right now earlier legal right only, essential part of Article 21 of Constitution of India
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Clarification crucial otherwise it will be upto legislature to enact laws on privacy that can be nullified/modified later
BG
Govt argued In Aadhaar case in SC that Right to Privacy is not funda right & welfare of masses is more imp than rights of few elite
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Earlier ruling by SC, privacy not funda right
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Conflict
State Welfare Program: Huge benefit for weeding out corruption, efficient transfer of state welfare services, helps in tax compliance etc
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Intl Laws
Article 12 of Universal Declaration of Human Rights 1948 & Article 17 of Intl Covenant on Civil & Political Rights 1966 protect people from arbitrary interference from one's privacy; India ratified ICCPR in 1979 without reservation
Article 7 & 8 of charter of funda rights of European Union recognises respect for private & family life
Imp: Unfettered surveillance by state will lead to huge imbalance b/w state & citizen during a fight, citizen will have to concede/compromise
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