Neither the right to privacy nor the right to information
The article argues that India’s Digital Personal Data Protection Bill 2023 prioritizes corporate interests and government surveillance over genuine privacy rights. Rather than safeguarding citizens, the legislation effectively legalizes extensive data mining by defining lawful purposes so broadly that almost any data extraction remains permissible. This approach contradicts the Supreme Court’s affirmation of privacy as a fundamental right, serving instead to enable the digital economy at the expense of individual autonomy. Furthermore, the bill significantly undermines the Right to Information Act 2005 by weakening exemptions that currently protect sensitive personal data from public disclosure. By removing the requirement that privacy violations must lack a public interest justification, the new framework could obscure critical information about public servants’ assets and government expenditures. This shift reduces transparency and accountability, allowing the state and private entities to access personal data without adequate oversight or societal benefit. Finally, the proposed oversight mechanisms are deemed insufficient for India’s socio-legal context, lacking the independence and power seen in robust international frameworks like the GDPR. With a government-appointed board and widespread digital illiteracy, citizens will likely find it nearly impossible to seek redress for privacy harms. The article highlights this discrepancy to underscore the urgent need for open data policies that balance economic growth with strong, enforceable protections for democratic transparency and individual rights.
Source: thehindu.comPublished on 2023-08-08