Saturday, November 27, 2010

878 - Privacy Law: A Nightmare For India - Techno Legal News and Views Journalists

Posted on Nov 25th by Gunjan Singh


India must not have thought that Indian civil liberty activists would give it a run for its projects. Without any second thought and without any proper planning and policy formulation, India launched projects after projects that are not constitutionally viable.

According to Praveen Dalal, Projects like Aadhar, National Intelligence Grid (NATGRID), Crime and Criminal Tracking Network and System (CCTNS), etc are not subject to Parliamentary Scrutiny. They are also not adhering to the Constitutional; Requirements and are violating various Fundamental Rights in the absence of Just, Fair and Reasonable Laws.

Rahul Matthan also stresses upon the need of a privacy law for the Aadhar project to be valid and constitutional. It would be a shame if a project with the game-changing potential of Aadhaar is questioned just because we have not enacted privacy legislation, suggests Matthan.

The safest course of action for the government of India is to enact suitable privacy and data protection laws before projects like Aadhar, Natgrid, CCTNS are implemented in India, suggests Dalal. Further, the Cabinet Committee on Security (CCS) must also play a more pro active role in these projects, opines Dalal.

However, the government of India is not willing to enact suitable legislations and this is casting a great and serious doubt on the intentions and objectives of these projects. The consequences were very obvious. Aadhar project has faced severe roadblocks, Natgrid project is waiting for CCS clearance and CCTNS project has not received a warm reception from various states. Only time will tell what these projects hold for us.