Albeit the judgement by the 9 judge bench on August 24, 2017, is a landmark judgement, it’s a little too early to celebrate. Despite the tons of chatter on this being a blow to UIDAI, we just cannot be sure yet. Here are a few points to consider.
- The case against UIDAI is a separate one and there may well be a chance that this judgment might not impact that case.
- We are yet to find out to the specifics on data exclusions and limitations and we can well expect instances where the government is allowed to collect personal data.
- Critical to note that there’s always a way to work around such judgment by the way of introducing special laws under activities like Terrorism or the like.
- India still doesn’t have a forward-looking Data Privacy act and hence companies like Google and Facebook may not be impacted severely.
- With consumer apps flooding the market, consumers rarely read the fine print and there is no work around that since the consumer is willing to share their information. Personal data is already out via the API exposures allowed by consumers on their mobile apps – again, an area where this opt-in (not often understood or termed as that) overrides any new judgment.
- With the premise that personal data is already out there with both the government and organizations like Google and Facebook, the key question is Data Security. At Greyhound we believe need of the hour is talk about how we secure the data with each of these bodies and the laws governing its movement between borders.
Love to hear what you folks think? Do you think this judgement will bring in the much needed change in Data Privacy?
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Sanchit Vir Gogia: Sanchit is the Chief Analyst, Founder & CEO of Greyhound Knowledge Group, a Global Strategy & Transformation Research, Advisory & Consulting Group. To read more about him, click here.
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