An amazing talk from couple weeks ago on the details of Aadhaar and how it was "implemented" and why this court ruling is super important both in India and closer to the west: https://www.youtube.com/watch?v=iCkhupMROZU
Right to Privacy a Fundamental Right, Says Indian Supreme Court
51–60 of 215 posts
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#52[deleted]
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#53The Indian government has been mandating all utility providers to link the biometric details of the subscribers to their account. With the rising number of criminal cases due to misuse of laws such as those used in marital disputes, the government can easily control what services to provide or deny its citizens based on centrally available biometric database which it could not have done before. Of course this is just a crazy theory for now which can hopefully never happen due to this much needed judgement.
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#54A lot of conversations about expanding rights, end up with a distinction between positive and negative rights. A right to water, is different to free speech. For everyone to have a right to water, someone needs to provide the water or be held accountable for not providing it. A default, state culprit needs to be designated.
Privacy though, privacy is like speech or equality before the law or presumption of innocence. You have it by default and if it’s denied there is a culprit.
Even in this case, we seem to have a hard time expanding rights. I say expanding, but privacy is a right in many places, formally. But, the interpretation of that right is very weak.
Anyway… if we’re to make privacy a right with serious intent then there needs to be a willingness to break eggs, bear a cost. The right to free speech, conscience, affiliation , assembly and other political freedoms mean we need to tolerate and protect the proverbial nazis’ rights to try and spread their politics. Bitter pill for anyone scared of a proverbial nazi takeover.
Are we willing to bear the (fear-based, mostly) costs in the fight against the terrorism demon. The economic costs that will be claimed by companies relying on data? If we have a strong yes, I think we can start building the real framework of laws and conventions that will secure a right to privacy for the next few generations.
Absolute principles require some sacrifice.
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#55Earlier quoted context omitted.
At least put in some effort to explain on what you mean. You didn't mention what type of restrictions can be put in as well as why getting carried away by the words fundamental right is something to be cautious about.
> as why getting carried away by the words fundamental right is something to be cautious about. Because people sometimes tend to equate "fundamental" with "absolute", and assume that the right cannot be taken away from them under any circumstances. That is not correct. > You didn't mention what type of restrictions can be put What is a "reasonable restriction" has not been defined unequivocally - it is subject to int…
Apart from declaration of emergency, which is an exception circumstance, when has the fundamental right been taken away? Why are you giving extreme examples to prove your point? The last time fundamental rights were taken away from Indian citizens was in 1975.
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#56Earlier quoted context omitted.
At least put in some effort to explain on what you mean. You didn't mention what type of restrictions can be put in as well as why getting carried away by the words fundamental right is something to be cautious about.
"Reasonable restrictions" are not very well defined in the Indian constitution. They are quite broad and open to interpretation on a case-by-case basis. "... the State can impose reasonable restrictions in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incit…
Can reasonable restrictions be put on fundamental rights as well? So you are suggesting that the right to life has reasonable restrictions -- that in order to be friendly to a foreign state, the nation state can murder their citizens?
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#57I for one, have no idea what this really means. Can anyone explain why this ruling is not totally useless ?
Currently, Indian govt is making it mandatory for everyone to have AADHAR card(enrolment of which requires biometric scan) for basic services like opening bank account, provident fund, filing income tax returns etc, making it necessary for everyone to enroll for AADHAR. This judgement will be used for removal of AADHAR requirement.
Biometric is just stronger identity. This can be done in a weaker way using Passport/PAN card.
Does Right to Privacy mean that the govt. cannot identify individuals ? How does it then provide differential services ?
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#58Finally some good news after the countless train pile-ups.
Did you miss the yesterday's judgement regarding the Triple Talaq?
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#59I'm not sure what this has to do with Aadhaar, although the initial petition mentions it I think. Aadhaar is setup as a way of proof of identity and not proof of citizenship. I for one did not get an Aadhaar until a week ago! The only reason I had to was a company that I applied to, said that please use your full name as mentioned on your Aadhaar card. India is a bureaucratic mess. And as UG Krishnamurti put it very…
All bureaucracies are a mess. Just because UG K. was succinct, doesnt mean he was right. India is actually doing better relatively to ANY other country at the moment.
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#60Earlier quoted context omitted.
At least put in some effort to explain on what you mean. You didn't mention what type of restrictions can be put in as well as why getting carried away by the words fundamental right is something to be cautious about.
"Reasonable restrictions" are not very well defined in the Indian constitution. They are quite broad and open to interpretation on a case-by-case basis. "... the State can impose reasonable restrictions in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incit…
Justice A.P.Shah panel had recommended principles for privacy which goes into quite a bit of detail. So there is a guiding light and not everything will be case-by-case basis.
http://planningcommission.nic.in/reports/genrep/rep_privacy....