Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
aimed at empowering millions of people in this country. The justification of this project has been
taken note of in detail, which the subsequent discussion shall also demonstrate. In such a scenario
only on apprehension, the project cannot be shelved. At the same time, data protection and data
safety is also to be ensured to avoid even the remote possibility of data profiling or data leakage.
221) Notwithstanding the statutory provision discussed above, we are of the view that there is a need
for a proper legislative mechanism for data protection. The Government is not unmindful of this
essential requirement. During the arguments it was stated by Mr. K.K. Venugopal, learned Attorney
General, that an expert committee heading by Justice B.N. Srikrishna (Retd.) was constituted which
was looking into the matter. The said Committee has since given its report.
222) In this behalf, it may be worthwhile to mention that one of the first comprehensive reports on
data protection and informational privacy was prepared by the Group of Experts 79 constituted by
the Planning Commission of India under the Chairmanship of Retd. Justice A.P. Shah, which
submitted a report on 16 October, 2012. The five salient features of this report were expected to
serve as a conceptual foundation for legislation protecting privacy. The framework suggested by the
expert group was based on five salient features: (i) Technological neutrality and interoperability
with international standards; (ii) Multi-Dimensional privacy; (iii) Horizontal applicability to state
and non-state entities;
(iv) Conformity with privacy principles; and (v) A co-regulatory enforcement regime.
223) The Union Government, on 31 July 2017, had constituted a committee chaired by Retd.Justice
B N Srikrishna, former Judge of the Supreme Court of India to review data protection norms in the
country and to make recommendations. The Committee recently released its report and the first
draft of the Personal Data Protection Bill, 2018 which comprehensively addresses the processing of
personal data where such data has been collected, 79 Report of the Group of Experts on Privacy (16
O c t o b e r , 2 0 1 2 ) , G o v e r n m e n t o f I n d i a , a v a i l a b l e a t
http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf disclosed, shared or otherwise
processed within the territory of India. The bill has incorporated provisions and principles from the
Europes General Data Protection Regulation (EUGDPR).
224) The Draft Bill replaces the traditional concepts of data controller i.e. the entity which processes
data and data subject i.e. the natural person whose data is being collected, with data fiduciary and
data principal. It aims to create a trust-based relationship between the two.
225) The Bill largely incorporates data protection principles from the EUGDPR and EU data
protection jurisprudence, including fair and reasonable processing of data, purpose limitation,
collection limitation, lawful processing, storage limitation, data quality and accountability. The
Draft bill and the report cull out rights and obligations of the data fiduciary and data controller
respectively. These rights include the right to access and correction, the right to data portability and
right to be forgotten a right to prevent or restrict disclosure of personal data by a fiduciary. Most
importantly, consent has been given a crucial status in the draft data protection law. Thus, a primary
basis for processing of personal data must be individual consent. This consent is required to be free,
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