Right to Privacy: Businesses will have to change and transform, says expert

This judgment has put the country, govt, business & future transformation on a well-defined runway

August 24, 2017, will count as another important day in the history of our 70-year-old democracy and nation — a day when privacy was firmly established as a fundamental right of every citizen under Article 21 and Part III of our Constitution.

There are many implications of this judgment, but mark my words, the full import will be seen over the coming years, as the relationship between citizen and state, citizen and corporates get redefined and recalibrated, to realise the vision of being not just the world’s largest democracy but also the most advanced democracy.

This judgment effectively creates for the first time obligations and responsibilities for all entities — government or private — that deal with the information of these Indian citizens. It has embedded consumer rights within the Constitution and it will have far-reaching implications on the way data is collected, managed and used by all data-driven entities — government or private (such as telecom companies, internet service providers, e-commerce companies, app developers and so on). It will be their responsibility to use the data provided by individuals in a manner which is responsible and does not infringe on the privacy of citizens.

I have repeatedly raised this issue in Parliament, starting with a private member’s Bill in 2010. 

This judgment will also change the rampant casualness about managing consumer data and the flourishing industry that prevails on illegal trafficking of consumer/citizen data will come to a screeching halt soon. It will also change the relationship between corporates and their employees. For example, corporates that conduct surveillance or any other intrusive practice on their employees will also find themselves on the wrong side of the law. Consumers are now assured they have the right to challenge any invasion of their privacy, by any or all custodians of their data.

Digital India is expected to boost the number of Indians online to about 800 million over the next two years. This judgment will make the businesses accountable for holding the customers’ data and will deter them from misusing it, or using it for purposes other than those intended without the express consent of consumer or legal backing for it.

This judgment has put the country, government, business and its future transformation on a clear and well-defined runway. Expect to see real a boost to the Prime Minister’s vision of “New India” by using Digital India and to see his continued fight against corruption in government subsidy delivery with a renewed and strengthened Aadhaar.

The writer is Member of Parliament, Rajya Sabha