Privacy rights, wrongs (Indian Express)
Mains Paper 2: Polity
Prelims level: Security - Privacy - Technology debate; Aadhaar issue
Mains level: Historical underpinnings, evolution, features, amendments,
significant provisions and basic structure
Context
- Supreme Court has agreed to hear together multiple public interest
litigations pending in Madras, Bombay and Madhya Pradesh high courts,
calling for the linking of Aadhaar with social media accounts.
Why it is needed?
- Death threats, criminal intimidation, smearing and stalking are
commonplace in social media.
- The mills of rumor and fake news have the capacity to spark violence and
conflict.
Key challenges to the linkage
- It could have international implications and inspire litigation in other
nations.
- Privacy is at stake. Supreme Court clarified it and defined it as a
“guaranteed fundamental right” in 2017. That SC judgment was hailed by
Electronic Frontier Foundation, the pioneering digital civil liberties
group.
- The right to privacy is fundamental and cannot be reduced under normal
circumstances.
- The data security of Aadhaar remains doubtful and it is not mandatory
even for banking purposes.
Privacy and security concerns
- The balance between the imperatives of privacy and security should be
maintained.
- Right to life is absolute until a death sentence is pronounced, and the
right to liberty can be conditional only in a state of unrest or emergency.
- The question of striking a balance with an absolute right cannot arise
under normal circumstances.
Way Forward
- Phone numbers associated with social media accounts can identify owners
with complete accuracy since sim cards are issued against identity
documents.
- The technical solution to the problem – AI can identify dubious content
by textual analysis and flag it as spam or malware. Twitter proactively
swept away Chinese accounts spreading disinformation about the Hong Kong
protests.
- The Supreme Court should mandate a technical solution because it cannot
encroach upon the very value that is upheld and protected.