Need balance between privacy and public interest: SC

1 month ago 29
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 SC

‘Can’t Have Sweeping Provision To Access Individual’s Info’

NEW DELHI: Supreme Court connected Thursday said invocation of nationalist involvement could not beryllium grounds for seeking sweeping entree to backstage accusation of persons holding nationalist offices."The close to entree accusation successful nationalist involvement indispensable beryllium balanced with the close to privateness of individuals. There cannot beryllium a proviso allowing sweeping entree to an individual's backstage information," said a seat of Chief Justice Surya Kant, and Justices Joymalya Bagchi and Vipul M Pancholi, portion agreeing to entertain a petition seeking to situation the restrictions built into the Digital Personal Data Protection (DPDP) Act to safeguard privacy.

Appearing for a petitioner, elder advocator Indira Jaising said the proviso successful the Right to Information Act that allowed entree to backstage information astir the inheritance of a idiosyncratic appointed to a nationalist oregon law bureau stood nullified due to the fact that of the DPDP Act.She said the authorities could entree immoderate information of immoderate idiosyncratic nether the guise of nationalist bid which could pb to authorities surveillance of citizens. The seat said ultimately, the tribunal would person to specify what information could beryllium classified arsenic nationalist and private.

Under the Information and Technology Act, Jaising said, the idiosyncratic whose information was illegally accessed was liable to beryllium compensated. But nether the DPDP Act, the compensation would spell to govt and not to the idiosyncratic whose information was accessed illegally, she complained.She said Data Protection Board of India, the superior regulator of information privacy, did not person judicial oversight though it would beryllium deciding competing rights.

The seat agreed that successful specified situations, determination should beryllium a judicially trained caput connected the board. "These matters necessitate urgent adjudication," the seat said, and agreed to database it arsenic soon arsenic possible.SC connected Feb 16 had entertained 3 petitions which had alleged that the amendments to the RTI Act necessitated by the DPDP Act had reduced close to accusation to thing that existed lone connected paper, arsenic it provided an excuse to the authorities to contradict accusation by classifying it arsenic 'personal'. However, it had refused to enactment the cognition of the Act, whose provisions person been justified by citing the Supreme Court verdict successful Puttaswami case, wherever close to privateness was recognised arsenic 1 of the cardinal rights.

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