Privacy is a fundamental right in India. In the Puthaswamy vs Union of India, the nine-judge constitutional bench unanimously declared the right to privacy as a fundamental right under the Constitution of India. In spite of this judgment, individual privacy and data security of citizens have not yet received their due importance. In today's world of Internet with India lacking a data protection law, individual data is just at the mercy of multi-billion companies like Facebook, Twitter and so on which collect individual data on their platform. Hackers can even enter into our smartphones and steal our sensitive data, read our so-called encrypted chats, look into our banking details and passwords and even tap phone calls. Government surveillance and security cameras that are installed on streets and workspaces, which are important in many ways, give us the feeling of constantly being watched. Nevertheless, we will all agree that privacy is of paramount importance to all individuals and no one likes to be watched at all times. It is thus the duty of our government that the privacy of every citizen is ensured.
Privacy is an intrinsic aspect of dignity, autonomy, and liberty. One cannot expect to live a life of liberty if his privacy is not safeguarded. What one eats, wears, speaks, and writes inside the closed doors of his personal space should not be the concern of any government unless the matter is of public security and national integrity. This personal autonomy is very basic and should be respected by everyone. Privacy matters because the lack of it gives others power over you. The new gold of this digital world is our personal data, our preferences, our likes, and our dislikes. This can be easily used by e-commerce companies to lure you to buy their products by targeted marketing. It is like you think to buy new shoes and they will fill the home page of your phone with tempting offers of the best sneakers at the lowest price. Your health records could be used to sell you some useless health insurance. Fraudsters can use our financial data to trap us in different debt or fake job offers. Thus, the privacy of individuals is cardinal in today's world.
Citizens have always been skeptical of the government collecting their personal data or the mandatory linking of Aadhar cards with electricity bills, ration cards, and so on to provide subsidies and other benefits to its citizens. The main concern is that the data collected should be in the safe hands of the government and should only be used for the said purpose. The liability in case of breach should be fixed. The most recent case of Pegasus spyware being detected in the smartphones of eminent Indian politicians, diplomats, and journalists raises questions about the intent and commitment of the government toward its citizens. It must be ensured that such incidents are not repeated in the future and personal autonomy is respected.
A society can only flourish where citizens have freedom of expression and thoughts. This can be truly achieved when individuals are free and without fear of being observed. Privacy is the fountainhead of all other rights. Laws and regulations should be formulated to safeguard the citizens and give them their rights in a proper sense.
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