How to enforce right to privacy against private players: SC

The Supreme Court’s nine-judge bench on Thursday sought to know to what extent the right to privacy could be applied in case of private players when the citizens had surrendered personal data to public space.

The bench, presided over by Chief Justice J S Khehar, asked where and how the state should intervene to protect the right to privacy of individuals, when 99% of the people were unconcerned.

The court also posed queries on whether the right to identity was a part of privacy; in certain cases like hardened criminals, the state collected data for its own predictive analysis, and in some cases, data was managed by private players.

On the question of right to privacy in the case of Aadhaar cards, it said, “The state will have to put in place a legislative and regulatory framework. But questions will arise about how one can enforce this right vis-à-vis private players, since fundamental rights are enforceable only against the state.”

“Can an individual assert his right to be anonymous? A fundamental question before us is, to what extent an individual can say he has the right to remain anonymous. To what extent can you assert your right to privacy to suppress your identity,” the bench asked.

Senior advocate Arvind Datar, arguing for a petitioner, contended that there should be individual control on dissemination of personal information and protection of individual autonomy on personal choices. There could be remedy of personal damages in case of violation by non-state actors and writ jurisdiction in case of violation by the state.

Contending that privacy is “multi-faceted and complex”, Datar said it is for the state to regulate private players as it does in the case of stock market, drug pricing etc.

Senior advocate Anand Grover submitted that when the compulsion to disclose was bothersome to one’s dignity, it would be violation of privacy.

Appearing for Rajya Sabha MP Rajeev Chandrasekhar, senior advocate Sajan Poovayya submitted that the apex court should lay down the pillar and declare it as a fundamental right.