Apple gets personal data, why not state, asks Supreme Court

If 99 per cent of the citizens are unconcerned about sharing their data, how is it different if the State also collects the same, the Supreme Court questioned on Thursday. “You say there are 35 crore Internet users and 18 crore telephone users, but 99% of people are not concerned… When you operate your iPad with your thumbprint, your data is public…” said Justice DY Chandrachud. He is part of the nine-judge bench led by the Chief Justice of India JS Khehar hearing arguments that will decide whether privacy is a fundamental right accorded to citizens under the Indian Constitution.

Senior Advocate Sajan Poovayyah responded that even if one person was concerned about how, where and who had access to and used his personal data, the State was obligated under the Constitution to protect his dignity and privacy. “My informed surrender of data to a private player is not a surrender of my personal data to all. If this private player takes my data and gives it to all on the Internet, then I can sue him for breach of contract. But if I give it to the State, where are the corresponding restrictions and deterrents?,” he argued. “Unlimited power of …read more