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tapping, much before the age of large-scale interception
and surveillance of electronic communication. As this
Hon’ble Court recognised in Puttaswamy (Privacy), the
age of big data and digital surveillance presents a unique
and specific set of challenges, which are not easily
reducible to the problems and issues faced in the brickand-mortar world.
VIII.
BECAUSE a majority of the judges in Puttaswamy
(Privacy) endorsed the globally-operating “proportionality
standards” - applied, broadly, by constitutional courts in
jurisdictions such as the European Union, Canada, and
South Africa - to gauge the constitutionality of restrictions
on right to privacy, i.e. to ascertain the (a) legality, (b)
legitimate goal, (c) proportionality and (d) procedural
guarantees/safeguards of the impugned provision that has
violated the right to privacy.
IX.
BECAUSE the component of proportionality was further
elaborated by the Constitution Bench decision of this
Hon’ble Court in Puttaswamy (Aadhaar), which held that
the following four sub-components of proportionality need
to be satisfied before the validity of a law can be upheld
(at Pr. 267 & 433):
– A measure restricting a right must have a legitimate
goal (legitimate goal stage) and it is designated for a
proper purpose.
– It must be a suitable means of furthering this goal
(suitability or rationale connection stage), i.e. measures
are undertaken to effectuate the limitation are rationally
connected to the fulfilment of the purpose.
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