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The objective of this blog is to supplement the information provided on the PRS website, with more analysis, information, that might be useful for readers. We expect to discuss issues about legislation and policy on some occasions and about the functioning of Parliament at other times. Interesting Parliament trivia will also find their place on the blog from time to time. The Parliament itself puts up significant amount of information on its website, making it relatively easy for anyone tracking the institution to access data. But what we at PRS have tried to do is to add value to the information that we have accessed from Parliament, and make our products even more relevant to users. We hope readers of this blog will share their views with us on a range of issues. We know that a number of people both in India and abroad use our website as a resource on legislation and Parliament. Our somewhat tentative beginning on Twitter (www.twitter.com/prslegislative) is now being followed more widely. Recent updates from Twitter will also be displayed on the Blog. The only way in which our legislation will become better over time is when lots of people like us scrutinise issues in detail, engage with our law makers and ensure that the process takes into account the inputs of citizens from across the country. As we prepare ourselves for the upcoming Budget session of Parliament, we expect to post on our blog quite regularly. We hope you will find this useful in the weeks and months ahead! Please spread the word about this new blog, and thank you for all your continued support.
On October 16, the Group of Experts on Privacy, Chaired by Mr. A. P. Shah, submitted its Report to the Planning Commission. The Expert Group was appointed to set out the principles that Indian privacy law should abide by. Even though privacy has been held to be a fundamental right as long back as in 1962, India does not have a law that specifies safeguards to privacy. Moreover, recent government initiatives, such as the UID, involve collection of personal information and storage in electronic form. The absence of a law on privacy increases the risk to infringement of the fundamental right. In this blog we list the recommendations made by the expert group, discuss the status of the right to privacy in India, and why there is a need for an enactment. Recommendations of the Expert Group on Privacy
Present status of the Right to Privacy While the Supreme Court has held privacy to be a fundamental right, it is restricted to certain aspects of a person’s life. These aspects include the privacy of one’s home, family, marriage, motherhood, procreation and child-rearing. Therefore, to claim privacy in any other aspect, individuals have to substantiate these are ‘private’ and should not be subjected to state or private interference. For instance, in 1996 petitioners had to argue before the Court that the right to speak privately over the telephone was a fundamental right. Risks to privacy Government departments collect data under various legislations. For instance, under the Passport Act, 1967 and the Motor Vehicles Act, 1988 persons have to give details of their address, date of birth etc. These enactments do not provide safeguards against access and use of the information by third parties. Similarly, information regarding ownership of property and taxes paid are publicly available on the MCD website. Furthermore, recent government initiatives may increase the risk to infringement of privacy as personal information, previously only available in physical form, will now be available electronically. Initiatives such as the National e-Governance Plan, introduced in 2006 and Aadhaar would require maintenance of information in electronic form. The Aadhaar initiative aims at setting up a system for identifying beneficiaries of government sponsored schemes. Under the initiative, biometric details of the beneficiaries, such as retina scan and fingerprints, are collected and stored by the government. The government has also introduced a Bill in Parliament creating a right to electronic service delivery. As per news reports, a draft DNA Profiling Bill is also in the pipeline.