Topic– Indian Polity : Issues
5) Critically Examine whether the provisions of Aadhar Act and its implementation finds itself at odds with the draft Data protection Bill put forward by SriKrishna Committee? (250 words)
Why this question
The passage of an year of the SC judgment guaranteeing right to privacy as a fundamental right, Srikrishna committee recommendations and the draft Bill as well as Aadhar Act and its associated impact on privacy are all very important topic for mains. The article in the link discusses all three and hence is important.
Key demand of the question
The question expects us to explain the key provisions of the Srikrishna committee in a nutshell, and then examine whether the provisions of Aadhar Act are in contravention to the principles and the provisions enshrined in the draft Bill. The associated impact on right to privacy is also to be discussed. In such type of questions it is always good to end with a way forward.
Critically Examine – When you are asked to examine, you have to probe deeper into the topic, get into details, and find out the causes or implications if any .
Structure of the answer
Introduction – Discuss the constitutional position of Right to Privacy along with juxtaposing it with the debate surrounding Aadhar Act. Mention that the government had constituted an expert committee under BN Srikrishna which has recently submitted a draft Bill.
- Explain what the key provisions and principles enshrined in the Bill are such as establishing a trust based relation between data fiduciary and data principal, new definition and standards for personal and sensitive personal data, focus on consent etc.
- Explain how the provisions of Aadhar Act contravene the draft Bill proposed by SriKrishna committee such as the the fact that based on government executive notification, UIDAI would have the authority to collect, store or process biometric information, the lack of data protection standards etc
- Give reasons why Aadhar Act does not contravene the provisions of the Act. Cite the provisions of the Bill where exemptions are given for the government and law enforcement as opposed to treating the state as a model data controller or fiduciary, the public good served etc
Conlusion – Give a fair and balanced view on the question asked and suggest way forward.