Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018 stated to be creating an equal amount of information every other day, as humanity created from the beginning of recorded history to the year 2003 enabled by the world wide web. [ Michael L. Rustad, SannaKulevska, Reconceptualizing the right to be forgotten to enable transatlantic data flow, (2015) 28 Harv JL & Tech 349.] 589. Recently, it was pointed out that Uber, the world's largest taxi company, owns no vehicles. Facebook, the world's most popular media owner, creates no content. Alibaba, the most valuable retailer, has no inventory. And Airbnb, the world's largest accommodation provider, owns no real estate. Something interesting is happening. [ Tom Goodwin The Battle is for Customer Interface, < h t t p s : / / t e c h c r u n c h . c o m / 2 0 1 5 / 0 3 / 0 3 / i n - t h e - a g e - o f disintermediation-the-battle-is-all-for-the-customer- interface/>.] Uber knows our whereabouts and the places we frequent. Facebook at the least, knows who we are friends with. Alibaba knows our shopping habits. Airbnb knows where we are travelling to. Social network providers, search engines, e-mail service providers, messaging applications are all further examples of non-State actors that have extensive knowledge of our movements, financial transactions, conversations both personal and professional, health, mental state, interest, travel locations, fares and shopping habits. As we move towards becoming a digital economy and increase our reliance on internet- based services, we are creating deeper and deeper digital footprints passively and actively. 590. These digital footprints and extensive data can be analysed computationally to reveal patterns, trends, and associations, especially relating to human behaviour and interactions and hence, is valuable information. This is the age of big data. The advancement in technology has created not just new forms of data, but also new methods of analysing the data and has led to the discovery of new uses for data. The algorithms are more effective and the computational power has magnified exponentially. A large number of people would like to keep such search history private, but it rarely remains private, and is collected, sold and analysed for purposes such as targeted advertising. Of course, big data can also be used to further public interest. There may be cases where collection and processing of big data is legitimate and proportionate, despite being invasive of privacy otherwise. 591. Knowledge about a person gives a power over that person. The personal data collected is capable of effecting representations, influencing decision-making processes and shaping behaviour. It can be used as a tool to exercise control over us like the big brother State exercised. This can have a stultifying effect on the expression of dissent and difference of opinion, which no democracy can afford. 592. Thus, there is an unprecedented need for regulation regarding the extent to which such information can be stored, processed and used by non-State actors. There is also a need for protection of such information from the State. Our Government was successful in compelling Blackberry to give to it the ability to intercept data sent over Blackberry devices. While such interception may be desirable and permissible in order to ensure national security, it cannot be unregulated. [ Kadhim Shubber, Blackberry gives Indian Government ability to intercept messages published by Wired on 11-7-2013 <http://www.wired.co.uk/article/blackberry-india>.] Indian Kanoon - http://indiankanoon.org/doc/127517806/ 79

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