Posted at: Nov 6 2017 4:53PM
New Delhi, Nov 6 (UNI) A number of eminent jurists, citizens and rights activists on Monday wrote a letter to Justice Srikirishna seeking greater transparency in the Data Protection Committee set up by the Government to deliberate on a data protection framework for the country.
The authors of the letter, who include Justice AP Shah, civil servant Gopal Krishna Gandhi, rights activist Aruna Roy, Nikhil Dey, Prof Upendra Baxi and former chief information commissioner Wajahat Habibullah among many others, have also questioned the composition of the committee, though expressing complete faith in its head Justice Srikishna.
They pointed out that most members on the current committee had in the past voiced or echoed views that seem to support Aadhaar, the brand created by the UIDAI, and some had even taken stands in the Supreme Court to challenge the fundamental right to privacy.
"A committee created to look at a fundamental issue which will impact this country needs to be balanced and cannot be biased towards one position, particularly when there might be conflicts of interest,’’ they said.
They demanded that the Data Protection committee should come from a varied background and urged inclusion of eminent citizens who have been consistent in advocating for peoples’ rights.
Stating that critical aspect of the data protection framework is to define a complementary relationship between the right to information and the right to privacy, they recommend the inclusion of representatives of the Right to Information movement in the Committee.
They also underlined that the idea of consent must be central to the proposed data protection framework, adding that consent must be understood in the context of the interconnectedness of data to many aspects of democratic principles and rights.
"There can be no argument that data protection is not merely about the protection of data but really about the protection of people,’’ the letter said.
Given the current scenario where ‘data is the new oil’, any understanding of the impact of policy will necessitate the inclusion of civil society members who have been examining the impact of such initiatives on democratic rights, the eminent citizens said.
''This includes matters of privacy, surveillance, aggregation of data, the commercial collection of data and its use and, more broadly, data used to restrict constitutional and other rights,’’ they said.
The authors also urged Justice Shrikrishna to ensure high transparency in the working of the committee. They suggested that notes all meetings should be made available to citizens, and deliberations of members shared publicly.
They also demanded that draft of the recommendation be put up for public consultation for wider input. "We hope you would consider this letter as part of the pre-legislative process in the creation of a data protection framework,’’ they said.
The activists and intellectuals, who have written the letter under the newly launched 'Rethink Aadhaar' initiative, also sought a meeting with the committee to discuss these issues.
This letter follows a letter by former civil servants to Prime Minister Narendra Modi expressing critical concerns on Aadhaar.
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Read more at http://www.uniindia.com/aadhaar-eminent-citizens-seek-transparency/india/news/1038696.html#rMb4Ih8y4L3xDLjl.99
