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PRIVACY AND AADHAR ISSUE (NEED FOR A DATA PROTECTION LAW: (9 PRIVACY…

- - - - 8 JUDGE BENCH HELD THAT PRIVACY IS NOT A FUNDAMENTAL RIGHT. AND MUCH ON CONS. ASSEMBLY MEMBERS WHICH THEN EXIST DIDN'T HAD ANY SIGNIFICANT DISENT
  - - - SC HELD RIGHT TO PRIVACY IS IMPLICIT RIGHT U/A 21
    - - BUT THIS IS QUALIFIED RIGHT : LIMITED BY REASONABLE RESTRICTION U/A 19(2) WHICH HAS DECENCY AND MORALITY AS ONE OF GROUND OF RESTRICTION
        THUS RIGHT TO PRIVACY CAN BE TRACED FROM AART 19(2)
    - - EXEMPTS INFO WHICH RELATES TO PERSONAL INFO. AND DISCLOSURE OF WHICH HAS NO EFFECT ON PUBLIC INTEREST
    - - HELD THAT RIGHT TO PRIVACY IS IMPLICIT RIGHT U/A 21... SC HELD CONS. SHOULD BE READ AS A WHOLE.. DOCTRINE OF HARMONIUS INTERPRETATION
    - - JUDICIARY HAS NOT DEFINED THE DEFINITION OF PRIVACY
  - - - FEMINIST SCHOLARS HELD THAT SPATIAL PRIVACY EXABBERATED THE DISCRIMINATION AGAINST VULNERABLE SECTIONS LIKE WOMEN, ELDERLY AND DISABLED
      - SO FEMINIST SCHOLARS DEBUNK THE DISTINCTION B/W PERSONEL AND PRIVATE
        AS NTHIS NOTION OF PRIVACY SHIELD PERSONEL PLACES LIKE FAMILY FROM SCRUTINY OF STATE
    - - THIS NOTION OF PRIVACY HAS OPENED NEW VITAS FOR WOMEN RIGHTS AND EMPOWERMENT
      - AS WOMEN NOW CAN QUESTIN SOCIAL AND LEGAL STRUCTURE THAT LIMIT ABILITY OF WOMEN
      - PUTTASWAMY JUDGEMENT HAS ENFORED THIS NOTION OF PRIVACY WHICH IS GROUNDED IN SELF DETERMINATION
    - - RATHER THERE IS NEED OF AFFIRMATIVE ACTION
- - - - PRIVACY IMPLICT RIGHT UNDER ART 19 AND 21
        AADHAR : SEEKS TO ENVISAGE WELFARE U/A 39
        
        SO SUPREME COURT UNDER MINEREVA MILLS CASE HELD THAT ART 39(B AND (C) CAN OVERIDE ART 14 AND ART 19.. HARMONY B/W FR AND DPSP
    - - ONE SHOULD CONSIDER THAT STEP WHICH IS LIKELY TO BENEFIT THE POOR
    - - DOESN'T ADDRESES CONSTITUTIONALITY OF SURVELLANCE MECHANISM.. ALLEGED WITH AADHAR
  - - - AADHAR LINKING AND EXPANSION OF SERVICES: RAISES THE LEGITIMACY OF SOCIAL CONTRACT THAT CONS. EMBODIES
        
        LIKE MOBILE PHONES ARE TO BE LINKED WITH AADHAR .. STATEIS WATCHING EVERY MOVE .. THIS CREATE SEAMLESS POLICE STATE IN NAME OF WELFARESTATE
        
        EVEN AFTER PM MODI AT WEF ADDRESSING THAT ONE WHO CONTROLS DATA WILL CONTROL OVER THE WORLD IN FUTURE
        DATA IS REAL WEALTH
    - - ISSUE OF AUTHENTICATION IN PDS
        
        PDS.
        
        SCHEME STARTED IN 1997 UNDER M/O CONSUMER FFAIRS
        JOINTLY MANAGED BY STATE GOVTS
        
        WHEAT , RICE, SUGARCANE, KEROSENE ARE MAJOR COMMODIES DISBURSED AT RATION SHOPS AT SUBSIDIED RATE..
        
        PDS SHOPS ARE OPERATED BY FCI
        
        PROBLEMS ASSOCIATED WITH PDS
        
        GHOST BENEFICIARIES : LEAKAGES
        
        HUGH SUBSIDY BURDEN
        
        INADEQUATE STORAGE CAPACITY
        
        BLACKMARKETING, HOARDING , CORRUPTION
        
        TO SOLVE ISSUE OF PDS : 3 ALTERNATES
        
        DBT
        
        PEOPLE HAD TO MCOLLECT CASH SUBSIDY FROM BANK ACCOUNT
        
        BUT MAIN PROB (APART FROM EXCLUSION)
        
        PEOPLE HAVE TO WAIT FOR ENORMOS TIME IN QUEUES IN BANKS, PRAGYA CENTRE(COMMEN SERVICE CENTRE) AND RATION SHOPS
        
        BANKS ARE QUITE FAR AWAY... TO KNOW SUBSIDY IS IN ACCOUNT... THAN LINE LINE UP AT PRAGYA CENTRE TO GET SUBSIDY..THAN AT LAST LINE UP IN RATION SHOPS
        
        AND FOR ELDERLYANDDISABLED THIS ISA COMPLETELY NIGHTMARE
        
        SO DBT IN PDS HAS RETURNED FEAR OF FOOD INSECURITY FOR MANY
        
        ABBA OR BAPU
        
        ISSUES
        
        LARGE NO. OF BENEFICIARIES , ESPECIALLY WIDOWS & ELDERLY FOUNDED THEMSELVES EXCLUDED FROM PDS DUE TO LACK OF AADHAR CARD
        
        INCONVINENCE DUE TO CONNECTIVITY & BIIOMETRIC FAILURE
        
        BIOMETRIC OF ELDERLY AND LABOURES GET FADED DUE TO WHICH IT DOESN'T MATCH WITH AADHAR
        
        SO GOVT. DECIDED TO USE FACE INDENTIFICATION FOR AADHAR AUTHNTICATION
        
        FOOD COUPONS
        
        JEAN DREZE (BELGIAN BORN INDIAN ECONOMIST)
        
        HELD THAT VULNERABLE PEOPLEARE LIKE GUINEA PIGS FOR UNDEPENDABLE TECHNOLOGIES W/O ANY EFFECTIVE ARRANGMENT FOR GRIEVANCE REDRESSAL
    - - NEWS OF DATA BREACH BY TRIBUNE IN AADHAR : AADHAR DATA IS BEING SOLD FOR COMMERCIAL PURPOSES..
        
        IN 21ST CENTURY DATA IS CURRENCY.. SO AADHAR IS A GOLD MINE
    - - ANY RIGHT TO PRIVACY CAN'T BE PROTECTED RETROSPECTIVELY
- - - - THESE ARE POLICY TRAILING TECH
  - - - PUTTASWAMY JUDGEMENT
      - NINE PRIVACY PRINCIPLES PROPOSED BY A.P SHAH COMMITEE
      - DATA BREACH ALLEGED WITH AADHAR
  - - - NEGATIVE:
        
        GOVT. INTRUSION IN PERSONAL LIFE OF CITIZEN SHOULD BE RESTRICTED
      - POSITIVE
        
        OBLIGATION ON STATE TO PROTECT CITIZENS PRIVACY IN DIGITAL ERA
    - - SO BIG DATA SHOULD SUBJECT TO GREATER LEAGALITY
        INTERNET OF THINGS SHOULD SUBLECT TO INTERNET OF PEOPLES
        ARTIFICIAL INTELLIGANCE SUBJECT TO NATURAL RIGHTS
  - - - DATA CONTROLLER SHOULD NOTIFY INFO THAT HE IS COLLECTING
    - - ONLY THAT INFO TO BE COLLECTED AS MUCH INFO IS NECESSARY FOR PURPOSE
    - - COLLECTION AND PROCESSING OF INFO TO BE RESTRICTED TO ONLY AS MUCH INFO AS ADEQUATE AND RELEVANT
    - - DATA SUBJECT MUST BE MADE AWARE IT ITS INFO IS DISCLOSED TO THIRD PARTY
    - - DATA CONTROLLER SHOULD BE OPEN ABOUT ALL PRACTICES AND POLICIES