Q-Privacy is the Fundamental Right, SC ruled. What are the consequences of this? What are the challenges involved in the implementation of this judgement.?(12.5 marks)
Privacy is the natural human rights which is part of right of life u/a 21 as ruled by SC. This include informative right, right of sexual orientation, right against state surveillance etc. Following consequences can be there with the SC judgement
1.Some changes w.r t missue of data wrt aadhaar need to be made to protect citizens data as part of their privacy.
2.Sec-377 whicb deals with homosexuality may not be valid, though not yet finalised by SC
3.Events like snowden episode of US which highlight US surveillance on its citizen would be difficult to have in India now. This is good for the citizen of the country
4.Citizen data sharing by MNCs would be difficult for eg-contract between whatsapp and facebook wrt users data
5.Engancement to the dignity of indvidual
6.India's image at world level improve wrt human rights as this made india in consonance with International Human right declaration provision
Challenges involved in its implementation
1.balance between need of Socio-economic benefit like aadhaar and privacy is a difficult task
2.hindrance in the name of national security, public interest can be there
3.general context of time as worldover peoples data are in open domain like social media platform
4.changes in various laws and court judgement need to be made to make it sync with the privacy of Fundamental rights
Way Forward
1.Government should make proper data protection provision so that citizen data and thus their privacy can be protected
2.Making proper and unambiguous laws in terms of conditions in which privacy of citizen can be compromised.
3.Working further on good governance so that people are more aware of government action and their privacy can be respected.
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