On 24 August 2017, the Supreme Court of India, in a historic judgment, affirmed the Constitutional right to privacy. A nine-judge Bench declared that privacy is an integral component under part III of the Indian Constitution.
In other words, citizens of India enjoy a fundamental right to privacy, including the privacy of their personal data.
The question then, is, over four years since that judgment, are Indian citizens truly enjoying their fundamental right to privacy? Is the state ensuring an atmosphere that enables and strengthens this right of individuals?
While the commencement of a new year ushers in a new hope for the world to be a better place, will Indians enjoy their right to privacy in 2022 better than they did in 2021?
The short answer is, no. But, hope one must.
This article explores the contours of privacy specifically in the context of personal data and information. To that end, there are four primary issues that raise grave concerns for privacy in 2022. These issues are:
Data Protection Bill, 2021: Absence of a Data Protection Law
IT Rules: Weakened encryption in messaging platforms
Aadhar-Voter ID: Voter Profiling
Pegasus spyware, AI & Facial Recognition: Surveillance
In analysing them, we shall look at where they stand at the beginning of 2022 and what it means for privacy.