Privacy and Citizenship in India: Exploring Constitutional Morality and Data Privacy
Dr. Nupur Chowdhury*
Volume 11 Issue 3 (2018)
This paper maps the current landscape of the nature and scale of the use of digital media in India through relationship typologies between citizens, intermediaries and the State. These typologies help explain the gamut of functions, both private and public in nature, which the internet has enabled in India. The implications of these typologies are sought to be understood in the broader context of judicial developments vis-à-vis the right to privacy. This study is undertaken with the acknowledgement that the State’s emerging role in large scale data collection and identity verification through projects like ‘Aadhaar’ indicates that as we navigate the terrains of data privacy, the Indian State itself is not a disinterested regulator on the issue of privacy. The Supreme Court’s recent recognition of the right to privacy as a fundamental right under the Indian Constitution provides for an expanded terrain to develop taxonomy of privacy violations. This necessitates the adoption of a rigorous standard of review by referencing ideas of human dignity and democracy embedded within the conception of constitutional morality.