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In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognized informational privacy as a dimension of right to privacy. Which legislative framework was subsequently enacted to operationalize this right?
- Information Technology Act, 2000
- Digital Personal Data Protection Act, 2023
- Right to Information Act, 2005
- Prevention of Money Laundering Act, 2002
Answer: Digital Personal Data Protection Act, 2023
Puttaswamy (2017) informational privacy and DPDP Act, 2023: (a) Puttaswamy holding: (i) Recognized informational privacy as dimension of right to privacy under Article 21: Control over personal data, collection, use, disclosure, (ii) Privacy subject to proportionality test: Restrictions must pursue legitimate aim, be rationally connected, necessary, balanced, (iii) Foundation for data protection legislation: Court directed enactment of comprehensive data protection law, (b) DPDP Act, 2023 operationalization: (i) Lawful purpose: Data processing must have legitimate aim (proportionality's legitimate aim step), (ii) Consent: Free, specific, informed, withdrawable consent required (with exceptions for state functions), (iii) Data minimization: Collect only necessary data, retain only as long as needed (proportionality's necessity step), (iv) Security safeguards: Technical, organizational measures to prevent breaches, (v) Individual rights: Access, correction, erasure, grievance redressal, right to nominate, (c) Applications: (i) Digital governance: Aadhaar, UPI, DigiLocker must comply with DPDP principles, (ii) Corporate compliance: Tech companies, banks, healthcare providers adapt data practices, (iii) Citizen empowerment: Awareness of rights, consent mechanisms, redressal procedures, (d) Rationale: (i) Calibrated balancing: Proportionality enables nuanced assessment of privacy restrictions, not absolute prohibition or unlimited data collection, (ii) Rights protection: Ensures data processing justified, not arbitrary; core privacy protected against disproportionate intrusion, (iii) Innovation enablement: Enables digital innovation while protecting privacy rights through calibrated safeguards, (e) Illustrates adaptive constitutionalism: Puttaswamy's informational privacy operationalized through DPDP Act; enables balanced approach to digital governance, privacy protection in evolving technological context.