Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
This, in fact, is the amalgam of German and Canadian approach. We feel that the stages, as
mentioned in Modern Dental College & Research Centre and recapitulated above, would be the safe
method in undertaking this exercise, with focus on the parameters as suggested by Bilchitz, as this
projects an ideal approach that need to be adopted.
Issues:
127) After setting the tone of the case, it is now time to specify the precise issues which are involved
that need to be decided in these matters:
(1) Whether the Aadhaar Project creates or has tendency to create surveillance state and is, thus,
unconstitutional on this ground?
(a) What is the magnitude of protection that needs to be accorded to collection, storage and usage of
biometric data?
(b) Whether the Aadhaar Act and Rules provide such protection, including in respect of data
minimisation, purpose limitation, time period for data retention and data protection and security?
(2) Whether the Aadhaar Act violates right to privacy and is unconstitutional on this ground?
{This issue is considered in the context of Sections 7 and 8 of the Aadhaar Act. Incidental issue of
Exclusion is also considered here} (3) Whether children can be brought within the sweep of Sections
7 and 8 of the Aadhaar Act?
(4) Whether the following provisions of the Aadhaar Act and Regulations suffer from the vice of
unconstitutionality:
(i) Sections 2(c) and 2(d) read with Section 32
(ii) Section 2(h) read with Section 10 of CIDR
(iii) Section 2(l) read with Regulation 23
(iv) Section 2(v)
(v) Section 3
(vi) Section 5
(vii) Section 6
(viii) Section 8
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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