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LATEST NEWS UPDATES | Worried SC calls for robust data protection regime

Worried SC calls for robust data protection regime

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published Published on Aug 28, 2017   modified Modified on Aug 28, 2017
-The Hindu

Capacity of non-state actors to invade the home and privacy has also been enhanced, says nine-judge Bench

The Supreme Court on Thursday urged the government to put in place a robust mechanism for data protection.

Noting that “informational privacy is a facet of the right to privacy”, a nine-judge Bench, led by Chief Justice of India J.S. Khehar, said dangers to personal data originate not only from the government but also from private players.

“The dangers to privacy in an age of information can originate not only from the state but from non-state actors as well. We commend to the Union Government the need to examine and put into place a robust regime for data protection,” Justice D.Y. Chandrachud wrote.

Legitimate aims of state

The court observed that the creation of a regime requires careful and sensitive balance between individual interest and legitimate concerns of the state. “The legitimate aims of the state would include for instance protecting national security, preventing and investigating crime, encouraging innovation and the spread of knowledge and preventing the dissipation of social welfare benefits,” the apex court observed.

The court said the introduction of a “carefully structured” data protection regime and its contours were matters policy matters to be considered by the Centre.

The court also took note of the Centre's move to constitute a committee of experts led by former Supreme Court judge, Justice B.N. Srikrishna, on July 31, 2017 to identify “key data protection issues” and suggest a draft Data Protection Bill.

The Office Memorandum of the Justice Srikrishna Committee notes that the “government is cognisant of the growing importance of data protection in India. The need to ensure growth of the digital economy while keeping personal data of citizens secure and protected is of utmost importance”.

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The Hindu, 25 August, 2017, http://www.thehindu.com/news/national/worried-sc-calls-for-robust-data-protection-regime/article19555907.ece?homepage=true


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