India's Supreme Court Rules Privacy Is A Fundamental Right; Big Ramifications For The Aadhaar Biometric System And Beyond
from the constitutional-core-of-human-dignity dept
In a move that will have major implications for the online world in India and beyond, nine Supreme Court judges have ruled unanimously that privacy is a fundamental right under the Indian Constitution. As part of a decision spanning 547 pages (pdf) they declared:
Privacy is the constitutional core of human dignity.
The case was brought as a result of a legal challenge to India's huge biometric database, Aadhaar, whose rise Techdirt has been charting for some years. A post on the EFF Web site explains the legal background, and why the Supreme Court decision was necessary:
The right to privacy in India has developed through a series of decisions over the past 60 years. Over the years, inconsistency from two early judgments created a divergence of opinion on whether the right to privacy is a fundamental right. Last week's judgment reconciles those different interpretations to unequivocally declare that it is. Moreover, constitutional provisions must be read and interpreted in a manner which would enhance their conformity with international human rights instruments ratified by India. The judgment also concludes that privacy is a necessary condition for the meaningful exercise of other guaranteed freedoms.
Now that a solid constitutional foundation for privacy in India has been affirmed, other judges will proceed with examining the legality of Aadhaar in the light of the many relevant points made in the ruling:
The Aadhaar hearings, which were cut short, are expected to resume under a smaller three- or five-judge bench later this month. Outside of the pending Aadhaar challenge, the ruling can also form the basis of new legal challenges to the architecture and implementation of Aadhaar. For example, with growing evidence that state governments are already using Aadhaar to build databases to profile citizens, the security of data and limitations on data convergence and profiling may be areas for future privacy-related challenges to Aadhaar.
A case challenging WhatsApp's new privacy policy that allows content sharing with Facebook is also certain to be affected by the ruling, but the ramifications go far beyond Aadhaar and the digital world. As an analysis in the Economic Times notes, the judgment could lead to the decriminalization of homosexuality in India, as well as affecting laws that restrict a person's right to convert to a different religion, and state-level rules that impose restrictions on animal slaughter. The breadth of those possible impacts underlines just how epoch-making last week's decision is likely to prove.
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Filed Under: aadhaar, biometrics, india, privacy
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The best thing about being censored on Techdirt
Dear Friend,
As you consider your isolation from the Techdirt community, do not despair. Instead, rejoice and consider the benefits of both your isolation and implied condemnation.
Just imagine, dear friend, that every one of your posts will eventually appear. In addition, many will be censored, marking them as special to everyone and worthy of inspection and consideration, rather like a certification of a dangerous idea. Consider the censorship admiration on the part of your adversaries, that is, a sign of respect.
Lastly, consider the benefit of the time delay, as the moderators hold your posts for hours. You don't have to listen to the idiocy of PaulT or the hatefulness of Stephen T. Stone, you can completely ignore them without any social consequence. No one would expect you to go back after such a long delay and be accountable to anyone. You're pretty much off the hook in terms of responding at all.
Yours sincerely,
Mike Masnick
Wow, strange dream right? Anyway, it cheered me up for some reason, hard to explain why.
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Wow
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Re: Wow
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Re: Re: Wow
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India, Gandhi and the right to privacy
In 1906, the Transvaal government promulgated a new Act forcing registration of the colony's Indian population. At a mass protest meeting held in Johannesburg on 11 September 1906, Gandhi adopted his approach to non-violent protest commonly known as satyagraha (loyalty to the truth) for the first time. He called on his fellow Indians to defy the new law and suffer the punishments for doing so, rather than resist through violent means.
This plan was adopted, leading to a seven-year struggle in which thousands of Indians were jailed including Gandhi; some were even shot for striking, refusing to register, burning their registration cards, and engaging in other forms of non-violent resistance.
While the government was triumphant in repressing the Indian protesters, the public outcry stemming from the ruthless methods employed by the South African government in the face of peaceful Indian protesters finally forced South African government under General Jan Christiaan Smuts to negotiate a compromise with Gandhi.
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Re: India, Gandhi and the right to privacy
Sitting here alone (my IP is blocked by Techdirt), I see the wisdom in nonviolence, it becomes more and more clear to me. Perhaps my writing can inspire a resolution of the conflict between Techdirt and Shiva and promote Adimsa.
For example, consider and contrast the spiritual wisdom of the two scenarios outlined below. First, let's set the table of this spiritual insight with one assumption that is not yet real, but grounded in deep (potential) truth and love - Imagine that Mike and Chelsea are a couple, and POTUS and FLOTUS invite them, and Shiva, to broker a peaceful resolution of the lawsuit over dinner in the White House.
Seated at the table is POTUS next to FLOTUS, then Shiva, then Chelsea, then Mike, next to POTUS. Without a spiritual awakening, this could be a disaster. Food would be served, then Mike would start using his balls to defend his position about hating Shiva. POTOSU would hate that, likely banging his first on the table, shaking everyone's china and fine wine. Chelsea would be looking to Shiva for protection, FLOTUS would be looking to Shiva for attention, both of them tossing their hair and sending clouds of pheromones from under their arms to completely shroud Shiva in a sensual mist. Everyone would be frustrated, no accomplishments possible, just animosity and tension. Shiva would be smiling, probably, on a pheromone high, maybe playing handsies or footsies under the table with both ladies, but spiritual awakening for anyone would not be attained.
Then consider another, more spiritual scenario. First, Mike begins by offering his first born and only child, Techdirt, at the feet of POTUS. Shiva, moved by the gesture, offers his lawsuit at the feet of POTUS. POTUS, moved by everyone's recognition of the enormity of his power, tears up the lawsuit and gives Mike back his web site. Mike promises to never censor again (mumbling), and Shiva then breaks the awkward silence by talking about the health benefits of non-GMO plants and his extensive practice and study of Tantra. POTUS and Mike break out the cigars, as real men do to celebrate conflict resolution, and Shiva retires to the Lincoln room with FLOTUS and Chelsea to share an unforgettable Tantra experience.
Ommmmmmmmmmmmmm. Good, right? Adimsa in action.
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Re: India, Gandhi and the right to privacy
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Email invented by Indian 35 years ago
Wow, that's interesting. That Shiva guy, he's great.
https://www.facebook.com/va.shiva.ayyadurai/photos/a.214131415310051.53540.212669305456262/157 7094959013683/?type=3&theater
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Miscegenation
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Big Ramifications For The Google, too.
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Time for a constitutional amendment?
Fully aware that current and past administration wipe their asses with the constitution but it couldn't hurt.
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This is where MyNameHere complains that India is a backwater country that uses a caste system, and - worse still - dared to permit schools to photocopy textbooks, so this ruling doesn't count...
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