17
Bhanushankar Dave v/s State of Gujarat & Ors.,11 in a case
involving the interpretation of the rules of the High Court has
taken a contrary and narrow approach.
13. The Information Technology (Reasonable Security Practices
and Procedures and Sensitive Personal Data or Information)
Rules, 2011, India’s first legal framework recognized the need
to protect the privacy of personal data, but it failed to capture
the issue of the “Right to be forgotten”. The Hon’ble Supreme
Court of India in the case of K.S. Puttaswamy v. Union of
India (supra) held that purpose limitation is integral for
executive projects involving data collection – unless prior
permission is provided, third parties cannot be provided access
to personal data.12This principle is embodied in S.5 of the yetto-be-implemented
Personal
Data
Protection
Bill,
2019.
Purpose Limitation enhances transparency in data processing
and helps examine the proportionality of the mechanism used
to collect data for a specific purpose. Moreover, it prevents the
emergence
of
permanent
data
‘architectures’
based
on
interlinking databases without consent. In the present case
the proposition of purpose limitation is not applicable as the
11[MANU/GJ/0029/2017]
12See
Para 166 of K.S. Puttaswamy Judgment