ISSN (Online) - 2349-8846

Privacy After PuttaswamySubscribe to Privacy After Puttaswamy

The Puttaswamy Judgment

The Supreme Court’s judgment in K Puttaswamy v Union of India (2017) presents a paradigm shift in the Court’s understanding of fundamental rights under the Constitution. While the right to privacy has been acknowledged in some form or the other since Gobind v Sta te of Madhya Pradesh (1975) , what...

Explaining Origins

The significance of Justice J Chelameswar’s concurring judgment in the Puttaswamy case is that it seeks to address the source of the Supreme Court’s power. It seeks to give a working jurisprudential model of the constitutional universe that was rendered into chaos by the manner of birth of the basic structure doctrine in the Kesavananda Bharati case. By fitting in with the concept of constitutional autochthony, “dark matter” offers an opportunity for restructuring our own understanding of the Constitution.

A Healthy Dose of Privacy

The Supreme Court’s privacy judgment has important implications for the right to health, especially the protection of health information. The standards that laws will have to meet to impose restrictions on such protection are examined. In this context, the HIV/AIDS Act, 2017, the implications of a data protection law for health, and the unconstitutionality of mandatorily requiring Aadhaar to obtain treatment for HIV/AIDS and tuberculosis are discussed.

The Right to Choice of Food

The Supreme Court’s judgment in the Puttaswamy case has been hailed for the position of law that it espouses: that the Constitution recognises a fundamental right to privacy. But, its legacy will depend on how future benches apply its findings. One of the cases where the verdict is likely to make an impact is a case concerning the validity of a Maharashtra law that virtually bans the consumption of beef in the state.

Privacy and Women’s Rights

The right to privacy, as conceptualised in K Puttaswamy v Union of India , addresses many concerns that feminists have had with this right. Applied logically and robustly, this judgment has the potential to transform the landscape of women’s entitlements under the law.

Queer Rights and the Puttaswamy Judgment

The Puttaswamy judgment is a significant development for the future of legal interventions involving sexual minorities. When it comes to the constitutional challenge of Section 377, the judgment’s acknowledgement of the “chilling effect” vis-à-vis constitutional rights and repudiation of the de minimis rule as it pertains to constitutional harms is crucial in challenging the Supreme Court’s decision in the Suresh Kumar Koushal case.

Holy Cow, Privacy, and Unholy Laws

The impact of the privacy judgment on the constitutionality of the so-called beef statutes is examined through the critique of earlier judgments of the apex court, demonstrating how unscientific and unauthentic information became the basis of these judgments and how a selective approach was adopted in applying directive principles and fundamental duties over fundamental rights. With privacy as a fundamental right, it is no more an issue of just the butcher’s right to trade, but a question of an individual’s choice of food.

The Privacy Judgment and Financial Inclusion in India

Technology promises to overcome traditional barriers to financial inclusion, in particular by harnessing insights from consumers’ personal data. However, use of personal data creates new risks for consumers. Service providers must build consumers’ trust, a necessary precondition to increased participation in formal finance. K Puttaswamy v Union of India frames the use of personal data within the rubric of informational privacy, and in doing so provides guidance about how data practices and regulation in finance can evolve to align with citizens’ rights and reasonable expectations of informational privacy.

Data Protection as a Social Value

The recognition of the individual in K Puttaswamy v Union of India has both normative and policy implications for how we think about and design privacy protections. The emphasis on informed consent has resulted in policy prescriptions that view privacy as an economic value that is best served by market choices. Rethinking privacy as a social or collective paradigm would allow us to develop stronger principles to manage indiscriminate data collection and surveillance by state and non-state institutions.

Machine Learning and Artificial Intelligence

Artificial intelligence and big data present new challenges to protecting our right to privacy both online and offline. Predictive algorithms and online social networks add complex nuances to the idea of informed consent. A global, cross-disciplinary effort is underway to make predictive algorithms fair, accountable, and transparent as these algorithms come to mediate more and more the areas of civic life and public discourse. But these tools and ideas operate inside of existing socio-technical systems that need to balance conflicting goals and tensions.
Back to Top