Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
176) It articulated the proportionality principle in the following words:
101. An interference will be considered necessary in a democratic society for a
legitimate aim if it answers a pressing social need and, in particular, if it is
proportionate to the legitimate aim pursued and if the reasons adduced by the
national authorities to justify it are "relevant and sufficient xx xx xx The protection of
personal data is of fundamental importance to a person's enjoyment of his or her
right to respect for private and family life, as guaranteed by Article 8 of the
Convention. The domestic law must afford appropriate safeguards to prevent any
such use of personal data as may be inconsistent with the guarantees of this Article.
The need for such safeguards is all the greater where the protection of personal data
undergoing automatic processing is concerned, not least when such data are used for
police purposes. The domestic law should notably ensure that such data are relevant
and not excessive in relation to the purposes for which they are stored; and preserved
in a form which permits identification of the data subjects for no longer than is
required for the purpose for which those data are stored The domestic law must also
afford adequate guarantees that retained personal data was efficiently protected from
misuse and abuse.
177) The issue in the case according to the Court was whether the retention of the
fingerprints and DNA data of the applicants, as persons who had been suspected but
not convicted of certain criminal offences, was justified under Article 8 of the
Convention.
178) The Court held that such invasion of privacy was not proportionate as it was not
necessary in a democratic society as it did not fulfill any pressing social need. The
blanket and indiscriminate nature of retention of data was excessive and did not
strike a balance between private and public interest. It held:
125. the blanket and indiscriminate nature of the powers of retention of the
fingerprints, cellular samples and DNA profiles of persons suspected but not
convicted of offences, as applied in the case of the present applicants, fails to strike a
fair balance between the competing public and private interests and that the
respondent State has overstepped any acceptable margin of appreciation in this
regard. Accordingly, the retention at issue constitutes a disproportionate interference
with the applicants' right to respect for private life and cannot be regarded as
necessary in a democratic society. This conclusion obviates the need for the Court to
consider the applicants' criticism regarding the adequacy of certain particular
safeguards, such as too broad an access to the personal data concerned and
insufficient protection against the misuse or abuse of such data.
179) The two crucial aspects of the case that need to be kept in mind are First, in that
case, the fingerprints were collected for criminal purposes and without the consent of
the individual to whom the fingerprints belonged. Second, the fingerprints were to be
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