Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
Nawrot, Katarzyna Syska and Przemyslaw Switalski, Horizontal Application of Fundamental Rights
Right to Privacy on the Internet, 9th Annual European Constitutionalism Seminar (May 2010),
University of Warsaw, available at <http://en.zpc.wpia.uw.edu.pl/wpcontent/uploads/2010/04/9_Horizontal_Application_of_Fun damental_Rights.pdf>.] .
Individually, these information silos may seem inconsequential. In aggregation, they disclose the
nature of the personality: food habits, language, health, hobbies, sexual preferences, friendships,
ways of dress and political affiliation. In aggregation, information provides a picture of the being: of
things which matter and those that do not, of things to be disclosed and those best hidden.
xx xx xx
304. Data mining processes together with knowledge discovery can be combined to create facts
about individuals. Metadata and the internet of things have the ability to redefine human existence
in ways which are yet fully to be perceived. This, as Christina Moniodis states in her illuminating
article, results in the creation of new knowledge about individuals; something which even she or he
did not possess. This poses serious issues for the Court. In an age of rapidly evolving technology it is
impossible for a Judge to conceive of all the possible uses of information or its consequences:
The creation of new knowledge complicates data privacy law as it involves information the
individual did not possess and could not disclose, knowingly or otherwise. In addition, as our State
becomes an information State through increasing reliance on informationsuch that information is
described as the lifeblood that sustains political, social, and business decisions. It becomes
impossible to conceptualize all of the possible uses of information and resulting harms. Such a
situation poses a challenge for courts who are effectively asked to anticipate and remedy invisible,
evolving harms. [ Christina P. Moniodis, Moving from Nixon to NASA: Privacy's Second Strand A
Right to Informational Privacy, Yale Journal of Law and Technology (2012), Vol. 15 (1), at p. 154.]
The contemporary age has been aptly regarded as an era of ubiquitous dataveillance, or the
systematic monitoring of citizen's communications or actions through the use of information
technology [Yvonne McDermott, Conceptualizing the Right to Data Protection in an Era of Big Data,
Big Data and Society (2017), at p. 1.] . It is also an age of big data or the collection of data sets. These
data sets are capable of being searched; they have linkages with other data sets; and are marked by
their exhaustive scope and the permanency of collection. [Id, at pp. 1 and 4.] The challenges which
big data poses to privacy interests emanate from State and non-State entities. Users of wearable
devices and social media networks may not conceive of themselves as having volunteered data but
their activities of use and engagement result in the generation of vast amounts of data about
individual lifestyles, choices and preferences. Yvonne McDermott speaks about the quantified self in
eloquent terms:
The rise in the so-called quantified self, or the self-tracking of biological, environmental, physical, or
behavioural information through tracking devices, Internet-of-things devices, social network data
and other means (?Swan.2013) may result in information being gathered not just about the
individual user, but about people around them as well. Thus, a solely consent-based model does not
entirely ensure the protection of one's data, especially when data collected for one purpose can be
repurposed for another. [Id, at p. 4.] xx xx xx
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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