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.
