Adhaar Act Case Study

The Aadhaar Act: A distressed remedy!?!

‘R ight to privacy’ is a term which has been assumed and ignored upon since immemorial times. It is vested within right to life and liberty under Article 21 of the Constitution of India. There are numerous followers who have been constant supporters of this right. Shakespeare also had his own notions of privacy which means ‘undeclared’ which includes sense of ‘social secrecy’. Many known jurists have described privacy as the existence of private element in individual’s life. It includes the right of an individual in a private as well as a public place. This right is heart of the fundamental rights. In the recent years, there have been a lot of debates on this fundamental rights, its restrictions, the
Puttuswamy v/s Union of India which states that the right to privacy is guaranteed under Sections 14, 19 and 21 of the Constitution of India. It was challenging the constitutional validity of the Adhaar Act which was challenged before the 9 bench judge in its landmark judgement. Each human being has to be left alone in a core that is inviolable. 3 bench judges on 11th August 2015 stated that norms for and compilation of demographic biometric data was questioned on the ground that it violates the Right to Privacy. Now, the query arises that whether privacy should be only on individual basis? Privacy that involves person, includes both privacy of choice and informational privacy. It is right to question, right to scrutinise and the right to dissent which enables an informed citizen to scrutinise the actions of the Government. No state can encroach upon life and personal
Online portals use customer information to tailor products according to their needs however, now they need to keep a check on the degree of information that they are using. So now the question arises that do online transactions guarantee Privacy of the individual. This leads to conclude that the Cyber Laws in India are not so developed to incorporate in itself the recent trends. The online way of transferring increases the risks associated as launderers are continuously looking out for ways to break into the legal system and take advantage of the loopholes in law. Pursuant to the above, the IT Act notified rules under Section 43A which defined price sensitive information and to prescribe reasonable security practices that corporates must incorporate in. Rule 3 of the aforesaid Act, includes some extremely important information which even corporates are forbidden from collecting unless under some exempted